05-0953 GRANT V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-0953 GRANT V. STATE

Case Date: 12/28/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2005

ALLEN GRANT, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 82-26401 CASE NO. 3D05-953

Opinion filed December 28, 2005. An Appeal under Florida 9.141(b)(2) from the Circuit Leonard E. Glick, Judge. Rule Court of Appellate Procedure for Miami-Dade County,

Marvin D. Wilson, for appellant. Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.

PER CURIAM. While we affirm on the merits, we additionally note that in support of the defendant's argument below he relied on Pinder v.

State, 375 So. 2d 836 (Fla. 1979), and Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981). In response, the State argued that

there were factual distinctions between the cited cases and the present case, and the trial court agreed. The cases relied upon See State v.

by the defendant however, are no longer good law. Enmund, 476 So. 2d 165 (Fla. 1985). Affirmed.

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