State v. Gutierrez

Full title: STATE OF FLORIDA, PLAINTIFF, v. CARLOS GUTIERREZ ET AL., DEFENDANTS

Court: District Court of Appeal of Florida, Third District

Date published: Apr 20, 1976

330 So. 2d 197 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1778.

April 20, 1976.

A Case of Original Jurisdiction — Certified Question.

Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., for plaintiff.

Burns Arnovitz, Miami Beach, for defendants.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Pursuant to Rule 4.6, Florida Appellate Rules, 32 F.S.A., pertaining to certified questions, and the holding in Moeller v. Doe, Fla.App. 1975, 309 So.2d 611, we decline to answer the certified question propounded to us by the circuit court. See Iorio v. State, Fla.App. 1974, 297 So.2d 116; and State v. Kanter, Fla.App. 1973, 273 So.2d 772.

Certified question denied.