Brown v. State

245 So.2d 41 (1971)

Clifford Harry BROWN, Petitioner,

v.

STATE of Florida, Respondent.

No. 39671.

Supreme Court of Florida.

February 10, 1971.

Richard M. Gale, Miami, Rocco DeStefano, Hollywood, and Anthony Capodilupo, Miami, for petitioner.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for respondent.

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 234 So.2d 161. The decision sought to be reviewed conflicts with Banks v. State, 136 So.2d 25 (Fla.App. 1st 1962),…