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Cabbagestalk v. State

District Court of Appeal of Florida, Fourth District
Apr 17, 1985
473 So. 2d 718 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2150.

April 17, 1985.

Appeal from Circuit Court, Broward County; Thomas M. Coker, Jr., Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


The order revoking appellant's probation and ensuing sentence is reversed upon authority of Tamer v. State, 463 So.2d 1236 (Fla. 4th DCA Feb. 20, 1985), in which this court certified the following question to the Supreme Court of Florida:

UNDER THE 1983 AMENDMENT TO ARTICLE I, SECTION 12 OF THE FLORIDA CONSTITUTION, DOES THE EXCLUSIONARY RULE APPLY IN PROBATION REVOCATION HEARINGS?

We again certify that question to the Supreme Court of Florida as a question of great public importance.

ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.


Summaries of

Cabbagestalk v. State

District Court of Appeal of Florida, Fourth District
Apr 17, 1985
473 So. 2d 718 (Fla. Dist. Ct. App. 1985)
Case details for

Cabbagestalk v. State

Case Details

Full title:JAMES A. CABBAGESTALK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 17, 1985

Citations

473 So. 2d 718 (Fla. Dist. Ct. App. 1985)

Citing Cases

State v. Cabbagestalk

ADKINS, Justice. In Cabbagestalk v. State, 473 So.2d 718 (Fla. 4th DCA 1985), the Fourth District, on the…