State v. Phillipe

402 So.2d 33 (1981)

The STATE of Florida, Petitioner,

v.

Abel PHILLIPE, Respondent.

District Court of Appeal of Florida, Third District.

July 28, 1981.

Rehearing Denied September 4, 1981.

Janet Reno, State Atty. and Arthur Joel Berger, Asst. State Atty., for petitioner.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for respondent.

Before BARKDULL, HENDRY and DANIEL S. PEARSON, JJ.

HENDRY, Judge.

This case is before us on the state's petition for Writ of Certiorari to review a decision of the Circuit Court of Dade County, Florida rendered in its appellate capacity. In…