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State v. Anders

Supreme Court of Florida
Nov 4, 1991
587 So. 2d 455 (Fla. 1991)

Opinion

No. 76050.

September 19, 1991. Rehearing Denied November 4, 1991.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance; Fourth District — Case No. 89-1183 (Broward County).

Robert A. Butterworth, Atty. Gen. and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for petitioner.

Pamela I. Perry of Bierman, Shohat Loewy, P.A., Miami, and Frank A. Rubino, Coconut Grove, for respondents.


We review State v. Anders, 560 So.2d 288 (Fla. 4th DCA 1990), in which the Fourth District Court of Appeal certified the following questions as being of great public importance:

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

Does an agreement whereby a convicted drug trafficker will receive a substantially reduced sentence in exchange for setting up new drug deals and testifying for the state violate the holding in State v. Glosson [, 462 So.2d 1082 (Fla. 1985)]? Assuming the existence of a due process violation under Glosson, does Glosson's holding extend to a codefendant who was not the direct target of the government's agent?
Id. at 290 n. 3, 293. We recently addressed these issues in State v. Hunter, 586 So.2d 319 (Fla. 1991), and accordingly, we vacate the judgment below and remand this case to the district court for reconsideration in light of Hunter.

It is so ordered.

SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.


Summaries of

State v. Anders

Supreme Court of Florida
Nov 4, 1991
587 So. 2d 455 (Fla. 1991)
Case details for

State v. Anders

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. RICHARD ANDERS, ET AL., RESPONDENTS

Court:Supreme Court of Florida

Date published: Nov 4, 1991

Citations

587 So. 2d 455 (Fla. 1991)

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State v. Cifuentes

Based upon its holding in Hunter, the supreme court reversed this court's implicit holding in Anders that the…