Legal Opinion

Sullens v. State

District Court of Appeal of Florida

Decided December 10, 2004No. 5D04-676PublishedCited by 3 opinions

1Opinion of the Court

889 So.2d 912 (2004)

Barry SULLENS, Appellant,

v.

STATE of Florida, Appellee.

No. 5D04-676.

District Court of Appeal of Florida, Fifth District.

December 10, 2004.

Flem K. Whited, III and David H. Foxman of Whited, Fuller, Miller & Foxman, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

2Per curiam

We affirm based on State v. Bolware, 28 FLW D2493, ___ So.2d ___, 2003 WL 22460271 (Fla. 1st DCA Oct.31, 2003), although we recognize that Bolware and this opinion are in conflict with Daniels v.…

3Cases cited3 opinions

  1. Daniels v. StateDistrict Court of Appeal of Florida · 1998
  2. State v. BolwareDistrict Court of Appeal of Florida · 2003
  3. Prianti v. StateDistrict Court of Appeal of Florida · 2002

4Cited by3 opinions

  1. Bolware v. StateSupreme Court of Florida · 2008
  2. McGregory v. StateDistrict Court of Appeal of Florida · 2008
  3. Johnson v. StateDistrict Court of Appeal of Florida · 2006

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