# Abt v. State

> District Court of Appeal of Florida · July 13, 1988 · 13 Fla. L. Weekly 1618

URL: https://www.frixlaw.com/law-library/cases/7567217

## Case

- **Full name:** Alan Andrew ABT v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** July 13, 1988
- **Citations:** 13 Fla. L. Weekly 1618; 528 So. 2d 112; 1988 Fla. App. LEXIS 3004
- **Precedential status:** Published
- **Opinion:** Concurring in part by Glickstein
- **Judges:** Certification, Dell, Downey, Glickstein, Gunther, Hersey, Letts, Stead, Stone, Whom
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7567217

## Opinion text

GLICKSTEIN, Judge,
dissenting in part and concurring with certification.
In my view, after Miller v. Florida, 482 U.S. -, 107 S.Ct. 2446 , 96 L.Ed.2d 351 (1987), the decision in Felts v. State, 13 F.L.W. 205 (Fla. 1st DCA Jan. 14, 1988), is anachronistic. In the instant case, this court should be following State v. Mesa, 520 So.2d 328 (Fla. 3d DCA 1988), and not Felts, which the First District Court will hopefully undo upon rehearing.
I think Albritton v. State, 476 So.2d 158 (Fla.1985), governs the instant case, because section 921.001(5), Florida Statutes (1987), makes a substantive change in the law which may not be applied retroactively.
I concur with the certification of the question.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7567217. Public record. Not legal advice.