McCarroll v. State

The majority decision to affirm is in conflict with Banks v. State, Fla.App.1962, 136 So.2d 25; Brown v. State, Fla.App.1970, 234 So.2d 161, rev’d Fla.1971, 245 So.2d 41; and Costello v. State, Fla.1972, 260 So.2d 198.

A careful reading and comparison of these decisions reveal that the instant facts are even more compelling and reflective of mistake and misunderstanding. As in the cited cases, neither the judge nor prosecutor here was guilty of any trickery, fraud or deception. However, it is clearly revealed that the defendant and her counsel were of the impression, which they acted upon in…