Mitchell v. State

ON MOTION FOR REHEARING

McCORD, Judge.

We have withheld ruling on appellants’ motion for rehearing because of possible conflict between the opinion herein and the opinion of another panel of this Court in Daniels and Phillips v. State, 381 So.2d 707 (Fla. 1st DCA 1979). Our concern was with the ruling in Daniels and Phillips that an assistant state attorney does not have authority to make application for an order authorizing or approving the interception of wire or oral communications. That ruling has now become final with the filing of an opinion on August 30, 1979, denying motion for…