451 So. 2d 1067

Willie Lee ROSE, Appellant, v. STATE of Florida, Appellee.

No. 82-1556.

District Court of Appeal of Florida, Fifth District.

June 28, 1984.

*1068James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Day-tona Beach, for appellee.

ON MOTION FOR REHEARING

SHARP, Judge.

The opinion previously issued on March 22, 1984, is withdrawn, and the following opinion is substituted in its stead.

Rose appeals his judgment adjudicating him guilty of robbery1 and his sentence of ten years imprisonment. We previously reversed and remanded this cause because the record that was before us established that the acting circuit court judge was without jurisdiction to try the matter on the second day of trial and to subsequently sentence Rose. By a timely motion for rehearing, the state has belatedly advised us of the existence of appropriate orders granting the acting circuit court judge the authority to act on the questioned days. The state’s motion and exhibits are supported by an affidavit from the circuit court clerk. Because the acting circuit court judge had jurisdiction over this case, and because no other error is demonstrated, the final judgment and sentence are affirmed.

AFFIRMED.

DAUKSCH and FRANK D. UP-CHURCH, JJ„ concur.

Rose v. State
451 So. 2d 1067

Case Details

Name
Rose v. State
Decision Date
Jun 28, 1984
Citations

451 So. 2d 1067

Jurisdiction
Florida

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