Phrase search :crime
Results 1-8397
1-CITE: 733 So.2d 598 Darnell L. BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, J. Appellant was convicted of attempted second degree murder which he says is a
non...EGREE MURDER EXIST IN FLORIDA? In the meantime we stick with our precedent and affirm the
conviction. AFFIRMED. PETERSON and ANTOON, JJ., concur.
2-CITE: 714 So.2d 1103 Michael T. CALVIT, Appellant, v. DEPARTMENT OF LEGAL AFFAIRS BUREAU OF CRIME
VICTIM COMPENSATION, Appellee.
TEXT: KLEIN, Judge. Appellant was severely beaten while on vacation in St. Maarten, Netherlands
An... Section 1, Laws of Fla.; however, the amendment is not applicable to appellant s claim which
occurred prior to the effective date of the amendment.
3-CITE: 543 So.2d 1314 STATE of Florida, Appellant, v. Wayne Steven CHENAULT, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a guideline sentence. The state maintains the
sentenc...d thus should not be used as a ground for enhancing the sentence to be imposed. This logic
is inescapable. AFFIRMED. COBB and DANIEL, JJ., concur.
4-CITE: 685 So.2d 961 William FIELDS, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was charged with aggravated battery and resisting arrest without
vio... of a person who attempts to commit an offense prohibited by law, but fails). We agree with
Tousignant and affirm. SHAHOOD and GROSS, JJ., concur.
5-CITE: 710 So.2d 688 Timothy W. TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reject appellant s argument that fundamental error occurred in that he was
ch...icted of lewd and lascivious assault without committing sexual battery. AFFIRMED. JOANOS and
WOLF, JJ., and SMITH, LARRY G., Senior Judge, concur.
6-CITE: 745 So.2d 1093 Michael DENSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The Defendant appeals his conviction and sentence for robbery with a firearm.
He...Weekly D2344, 743 So.2d 141 (Fla. 4th DCA 1999) Accordingly, we reverse and remand. REVERSED
and REMANDED. GUNTHER, FARMER and KLEIN, JJ., concur.
7-CITE: 743 So.2d 602 Lavincent OSBORNE, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, J. Appellant, Lavincent Osborne, appeals his conviction and sentence for
possession...e accordingly affirm appellant s conviction and sentence for possession of a firearm by
a convicted felon. AFFIRMED. POLEN and GROSS, JJ., concur.
8-CITE: 430 So.2d 980 J.R.F., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant was adjudicated delinquent after the trial court found him guilty
...ion. This type of argument was rejected in State v. Sebastian, 171 So.2d 893 (Fla.1965).
Therefore the order appealed herein is affirmed. Affirmed.
9-CITE: 521 So.2d 271 Aaron J. EDMOND, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. This case is controlled by the opinion filed on this date in Edmond v.
State,...es and remand for a new trial to be conducted without the admission of the collateral crime
evidence. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
10-CITE: 452 So.2d 1093 Charles R. EVANS, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant was convicted of battery on a law enforcement officer. On appeal
def...t to cause the particular result is irrelevant to general intent crimes. . . . Linehan at 248.
AFFIRMED. BOARDMAN, A.C.J., and DANAHY, J., concur.
11-CITE: 450 So.2d 299 Jimmy MAYS, Appellant, v. The STATE of Florida, Appellee.
TEXT: OPINION ON REHEARING PER CURIAM. We affirm Mays conviction for the crime of third degree
mu...he authority of Pope v. State, 441 So.2d 1073 (Fla.1983), and Owen v. State, 441 So.2d 1111
(Fla. 3d DCA 1983). Affirmed in part; reversed in part.
12-CITE: 568 So.2d 548 E.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. E.B., a juvenile, was adjudicated delinquent for aggravated battery with an
a...9). Accordingly, we reverse the adjudication of delinquency for battery with an automobile.
Reversed and remanded with directions to discharge E.B.
13-CITE: 575 So.2d 731 Javier LUZARRAGA, a k a Louis Perez, Appellant, v. The STATE of Florida,
Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Javier Luzarraga a k a Louis Perez from
judgm... a crime. The defendant raises no other points on appeal. Accordingly, the judgments of
conviction and sentences under review are hereby Affirmed.
14-CITE: 711 So.2d 1359 Jeffrey QUESENBERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal, Jeffrey Quesenberry challenges his conviction and sentence for
a...ed second-degree murder. See Watkins v. State, 705 So.2d 938 (Fla. 5th DCA 1998). Affirmed.
FRANK, A.C.J., and ALTENBERND and FULMER, JJ., concur.
15-CITE: 554 So.2d 620 Ivan QUEVEDO, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. As we held in Russell v. State, 415 So.2d 797 (Fla. 3d DCA 1982),
rev...motion to suppress the contraband discovered during a founded Terry stop and frisk which was
conducted in an investigation of that crime. Affirmed.
16-CITE: 730 So.2d 1290 Reese MOORE, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIFFIN, C.J. We have received correspondence which we treat as a petition for writ of
habea.... He fails to recognize that it is the snatching that defines his crime, not the amount
snatched. PETITION DENIED. COBB and PETERSON, JJ., concur.
17-CITE: 693 So.2d 598 Steven MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Steven Miller appeals his convictions for four counts of capital sexual
battery... 167 (Fla.1991). Accordingly, we reverse the lewd fondling conviction. In all other
respects, we affirm. PARKER, A.C.J., and PATTERSON, J., concur.
18-CITE: 668 So.2d 1075 B.S.W., Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Acting Chief Judge. B.S.W. challenges his conviction and sentence for battery, a
vio... remand, we note that C.F. v. State, 603 So.2d 40 (Fla. 4th DCA 1992), is the proper precedent
for the sentencing scheme imposed by the trial court.
19-CITE: 727 So.2d 407 Warren HARELL, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Harell was charged with attempted first degree murder. The jury returned a
verdic... can Harell. See Watkins v. State, 705 So.2d 938, 941-43 (Fla. 5th DCA 1998) (Harris, J.,
dissenting). AFFIRMED. DAUKSCH and GOSHORN, JJ., concur.
20-CITE: 741 So.2d 1211 Daniel SOLOMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: GOSHORN, J. Daniel Soloman appeals the order denying his rule 3,850 motion for
post-convicti...DCA 1999). (FN2) Involuntary intoxication does not provide a defense to a general
intent offense. Linehan v. State, 476 So.2d 1262, 1264 (Fla.1985).
21-CITE: 749 So.2d 528 Ruben R. BENAVIDEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ruben R. Benavidez appeals the summary denial of his motion filed pursuant to
Fl...herwise, an evidentiary hearing must be conducted. See id. at 878. Reversed and remanded.
PARKER, A.C.J., and CASANUEVA and STRINGER, JJ., Concur.
22-CITE: 590 So.2d 24 Hugh SPINKS, Petitioner, v. Hubert R. LINDSEY, as Circuit Judge of the 15th
Judicial Circuit, Respondent.
TEXT: PER CURIAM. Petition for writ of prohibition denied. STONE and GARRETT, JJ., concur.
POLEN...d Hon. John D. Wessel, 585 So.2d 1172 (Fla. 4th DCA 1991); Garrido v. Burger King Corp., 558
So.2d 79 (Fla. 3d DCA 1990). I would grant prohibition.
23-CITE: 571 So.2d 58 Roosevelt JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH,, Judge. Appellant seeks review of a judgment of conviction and sentence for
robbe...dence, and finding no fundamental error in the introduction of this out-of-court
identification, we affirm. Affirmed. MINER and WOLF, JJ., concur.
24-CITE: 591 So.2d 294 S.G., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, S.G., appeals from an adjudication of delinquency based on a charge
o...rd does not support the trial court s finding that appellant s actions showed his intent, in any
manner, to rob the victim. Accordingly, we reverse.
25-CITE: 550 So.2d 1194 Reginald FINNEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of a judgment of conviction and sentence for
dealin... may consider appellant s potential status as a habitual misdemeanant under section
775.084(1)(b), Florida Statutes. ERVIN and ZEHMER, JJ., concur.
26-CITE: 490 So.2d 1284 Lonnie Maynard PHELPS, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Judge. Lonnie Phelps appeals a judgment and sentence for the second-degree murder
...e the killing was excessively brutal. Judgment affirmed; sentence vacated and cause remanded for
resentencing. COBB, C.J., and COWART, J., concur.
27-CITE: 533 So.2d 931 Sandra L. RODRIQUE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Because only two of the six reasons given for departure from the sentencing
guid...r the facts supporting them are too speculative or the law does not support them. REVERSED
AND REMANDED. ERVIN, WENTWORTH and ZEHMER, JJ., concur.
28-CITE: 497 So.2d 997 Jonathan E. LUNDIN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. The trial court sentenced Lundin to life imprisonment, the statutory maximum
f...E VACATED; REMANDED FOR RESENTENCING. DAUKSCH and COBB, JJ., concur. ------------ (FN3) Hendrix
v. State, 475 So.2d 1218 (Fla.1985). (FN4) Hendrix.
29-CITE: 447 So.2d 1008 Luther HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Chief Judge. The issue on appeal is whether or not a prior conviction for petty
th...dditional proof that the conviction involved elements of deceitfulness, untruthfullness or
falsification? AFFIRMED. COBB and SHARP, JJ., concur.
30-CITE: 506 So.2d 1109 Judge Elwood FAVORS, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Chief Judge. Appellant contends that his sentence is erroneous since the degrees of
... the scoresheet entries. Appellant need not be present for this purpose. Reversed and remanded
with instructions. SCHEB and CAMPBELL, JJ., concur.
31-CITE: 477 So.2d 1078 Raymond L. MEDLIN, Appellant, v. BUREAU OF CRIMES COMPENSATION DIVISION OF
WORKERS COMPENSATION, DEPARTMENT OF LABOR & SECURITY, Appellee.
TEXT: PER CURIAM. Appellant, Raymond L. Medlin, appeals an order denying his claim for
compensatio...h chapter 960 applies. We agree with the holding in Davis and accordingly affirm.
AFFIRMED. RYDER, C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
32-CITE: 561 So.2d 1321 STATE of Florida, Appellant, v. Raymond Keith JOHNSON, Appellee.
TEXT: POLEN, Judge. The state timely seeks review of the trial court s order dismissing an
informa...harges against appellee for both crimes. We reverse and remand for proceedings consistent
with this opinion. HERSEY, C.J., and GUNTHER, J., concur.
33-CITE: 620 So.2d 243 Christine Holly BARNES, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This case is before us on remand from the Supreme Court of Florida for further
c... to reach the remaining points raised on appeal. Reversed and remanded for a new trial.
------------ (FN1) Neil v. State, 457 So.2d 481 (Fla.1984).
34-CITE: 722 So.2d 286 Danny HUEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. There is no double jeopardy violation when a defendant is convicted of the
crime...o.2d 939 (Fla.1991). Cf. Paccione v. State, 698 So.2d 252 (Fla.1997). AFFIRMED. GRIFFIN,
C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.
35-CITE: 710 So.2d 62 Charles J. PITTS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Charles J. Pitts appeals his convictions for armed robbery, armed kidnapping
and...ee generally Watkins v. State, No. 96-3129, 705 So.2d 938 (Fla. 5th DCA 1998). There is no
merit to the claim of involuntary confession. Affirmed.
36-CITE: 477 So.2d 70 Oliver COPCUTT, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals a judgment and sentence entered after acceptance of his
... of the guidelines. AFFIRMED but REMANDED to the trial court for correction of the final
judgment as directed. SHIVERS and WENTWORTH, JJ., concur.
37-CITE: 680 So.2d 1049 Manuel DELGADO, Appellant Cross-Appellee, v. The STATE of Florida, Appellee
Cross-Appellant.
TEXT: PER CURIAM. In accordance with the Florida rape victim shield statute, we find that the
tria...cally, the movement did not make the sexual battery substantially easier to commit nor did it
substantially lessen the risk of detection. Affirmed.
38-CITE: 611 So.2d 84 Kristian PATTERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patterson seeks review of the denial of his motion for postconviction relief.
Pa...tled to serve his sentence concurrently with the sentence for the crime committed in Texas.
CAMPBELL, A.C.J., and THREADGILL and BLUE, JJ., concur.
39-CITE: 661 So.2d 853 Jerry Robin DOUGLAS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence. Appellant was charged with uttering a
for...650 So.2d 1085 (Fla. 1st DCA 1995); Hause v. State, 643 So.2d 679 (Fla. 4th DCA 1994).
SENTENCE VACATED; REMANDED. HARRIS and ANTOON, JJ., concur.
40-CITE: 448 So.2d 628 Tondrick HOUGH, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Chief Judge. The issue on appeal is whether the statutory three-year minimum
penal...ory sentence. In all other respects, the judgment and sentence are affirmed. AFFIRMED in
part and REVERSED in part. SHARP and COWART, JJ., concur.
41-CITE: 451 So.2d 469 Chris RUSAW, Petitioner, v. STATE of Florida, Respondent.
TEXT: McDONALD, Justice. The Second District Court of Appeal has certified its opinion in Rusaw
v....fect. We *471 therefore approve the district court s decision. It is so ordered. ALDERMAN,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
42-CITE: 720 So.2d 585 Joe PLAIN, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was convicted of burglary of a dwelling with a battery and aggravated
ba...ent). We find the other issues raised by the appellant to be without merit. Affirmed. WARNER,
J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
43-CITE: 754 So.2d 792 Herbert JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: ON REMAND PER CURIAM. In Jones v. State, 715 So.2d 378 (Fla. 1st DCA 1998), this court,
pur...the trial. See id. at 137-38. Accordingly, we must REVERSE appellant s convictions and REMAND
for a new trial. MINER, ALLEN and KAHN, JJ., CONCUR.
44-CITE: 626 So.2d 706 Maria Antoinette GUERRA, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. We affirm Maria Guerra s conviction for murder in the second degree with a
we... one quick stab to the heart. Accordingly, we are compelled to remand for resentencing within
the guidelines. DANAHY, A.C.J., and BLUE, J., concur.
45-CITE: 688 So.2d 1015 J.Y., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. J.Y., a juvenile, appeals an adjudication of delinquency of burglary of a
convey... 960, 964 (Fla. 3d DCA 1996). Based on the foregoing, we reverse the adjudication and
remand for discharge of the juvenile. Reversed and remanded.
46-CITE: 737 So.2d 1154 Oney J. STEPHENSON, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Stephenson appeals his sentence because the trial court failed to credit him
wi...la. 2d DCA 1994). Sentence VACATED; REMANDED for resentencing. GRIFFIN, C.J., and ANTOON, J.,
concur. ------------ (FN3) Fla.R.Crim.P. 3.701(d)14.
47-CITE: 660 So.2d 795 HERNANDO RIOS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from convictions for grand theft of a motor vehicle (FN1)
... J., concurs in result only. ------------ (FN1) Section 812.014(1)(a), (b) & (2)(c)(4), Fla.Stat.
(1993). (FN2) Section 817.52(3), Fla.Stat. (1993).
48-CITE: 699 So.2d 306 Joe Nathan JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PADOVANO, Judge. The defendant, Joe Nathan Jackson, was charged with first degree murder in
...a lesser crime requiring only proof of general intent, the failure to give the instruction was
harmless. Affirmed. ALLEN and WEBSTER, JJ., concur.
49-CITE: 478 So.2d 885 Charles JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from judgments of conviction for (1) sexual battery of a
child... on a child eleven years of age or younger is affirmed; the adjudication for the crime of
attempted first degree murder is also affirmed. Affirmed.
50-CITE: 459 So.2d 434 Marshell Joseph HILL, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the defendant s conviction for armed robbery upon a holding that the
e...he crime, the admission of which is not challenged on appeal, and the fact that the reference
played no further part in the State s case. Affirmed.
51-CITE: 432 So.2d 755 Richard Earl GOURLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. The 1973 amendment to section 921.161, Florida Statutes (1981), making
credit... SHARP, JJ., concur. ------------ (FN1) See Gourley v. State, 285 So.2d 40 (Fla. 4th DCA
1973); Gourley v. State, 411 So.2d 412 (Fla. 5th DCA 1981).
52-CITE: 443 So.2d 362 Michael Finley TINDALL, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence in a second degree murder case. We have
re...ar mandatory sentence. ------------ (FN1) No request or objection in that regard was made. See,
Torrence v. State, 440 F.2d 392 (Fla. 5th DCA 1983).
53-CITE: 447 So.2d 451 Norris HAYWOOD, Appellant, v. STATE of Florida, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from a conviction of robbery of a convenience store.
Ap...what she observed during the crime in favor of a theoretical possibility. The judgment of
conviction is affirmed. BERANEK and HURLEY, JJ., concur.
54-CITE: 522 So.2d 898 Scott YOOS and Michael Fowler, Appellants, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. As they protested a test of the Trident II nuclear missile, the appellants were
...this state. The certified question is answered in the negative and the trial court s ruling is
AFFIRMED. ORFINGER, COWART and DANIEL, JJ., concur.
55-CITE: 662 So.2d 419 Lee A. WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Lee A. Williams, appeals his convictions for burglary and robbery,
co...46 (Fla. 1st DCA 1984) (where error was *421 found harmless because the defendant s
identification relied on two eyewitnesses testimony). Reversed.
56-CITE: 510 So.2d 631 Arnaldo VALDES, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm Valdes s conviction for criminal mischief pursuant to section 806.13,
... score sheet total is unaffected by this error, we reverse and remand for re-sentencing only on
the second-degree misdemeanor for criminal mischief.
57-CITE: 639 So.2d 602 STANDARD JURY INSTRUCTION IN CRIMINAL CASES (94-1).
TEXT: PER CURIAM. The Court recently aproved an instruction on attempted first-degree felony
murde...criminal purpose. Notes to Judge 1. Define the crime alleged. 2. If 1b is given,
immediately give principal instruction (3.01 on page 32a).
58-CITE: 513 So.2d 169 John C. HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence in a murder case. The issue raised by
appe...he action of the trial court is based upon sound reasoning and is thus affirmed. AFFIRMED.
COWART, J., and BEVERLY, V.Q., Associate Judge, concur.
59-CITE: 712 So.2d 1204 D.M., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Sec. 796.07(2)(f) makes it unlawful . . . to solicit, induce, entice, or
procure...tion makes it a crime to entice another to any of the prohibited acts. AFFIRMED.
GRIFFIN, C.J., ANTOON, J. and ORFINGER, M., Senior Judge, concur.
60-CITE: 681 So.2d 917 Timothy ADAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Timothy Adams appeals from a final judgment and sentence convicting him of
res...668 So.2d 305 (Fla. 4th DCA 1996); Section 27.56(7), Fla.Stat. (1993). We affirm all other
points on appeal. GUNTHER, C.J., and FARMER, J., concur.
61-CITE: 732 So.2d 427 Albert Lee BECK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Conviction of a nonexistent crime is fundamental error. Under section 800.04,
Fl...for a new trial. See Mungin v. State, 689 So.2d 1026, 1030 (Fla.1995). Reversed and remanded.
ERVIN and BENTON, JJ., CONCUR. BOOTH, J., DISSENTS.
62-CITE: 665 So.2d 1097 C.E., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. This appeal arises from the juvenile appellant s adjudication of delinquency
...l court to discharge the appellant from his adjudication of delinquency. Reversed and remanded
with directions. PARIENTE and SHAHOOD, JJ., concur.
63-CITE: 613 So.2d 118 Robert CHAMBERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Chambers timely appeals the summary denial of his rule 3.850 motion. Chambers
ra...stance or conduct an evidentiary hearing. The order of denial is otherwise affirmed.
SCHOONOVER, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
64-CITE: 728 So.2d 827 Brian RIX, Petitioner, v. Ken JENNE, as Sheriff of Broward County, Florida and
State of Florida, Respondents.
TEXT: PER CURIAM. Petitioner Brian Rix s bond on pending charges of battery on a law enforcement
o...CA 1998). Clerk is directed to issue mandate concurrently with this opinion. GUNTHER and
FARMER, JJ., concur. GROSS, J., dissents without opinion
65-CITE: 539 So.2d 31 Kim HETRICK, a k a Kevin Johnson, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED; (FN1) however, we remand for correction of the offense statute number
...ontained on the judgment to show the actual crime for which the appellant was convicted and
sentenced. GLICKSTEIN, WALDEN and GARRETT, JJ., concur.
66-CITE: 560 So.2d 328 Juan DE LA CRUZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We find the conviction for possession of a firearm during the commission of a
fe...r possession of a firearm during the commission of a felony must be vacated. However, the
second-degree murder conviction and sentence are affirmed.
67-CITE: 519 So.2d 58 John D. MOSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, John D. Mosley, pled nolo contendre to possession
o...aine was also improper. We reverse and remand with instructions to discharge appellant for this
offense. See McClure. FRANK and HALL, JJ., concur.
68-CITE: 679 So.2d 1262 Willie James PRATT, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, JOHN M., Senior Judge. The appellant was sentenced to life imprisonment for the
crime...ate the habitual violent felony offender status as to that sentence. In all other respects,
we affirm. PATTERSON, A.C.J., and WHATLEY, J., concur.
69-CITE: 445 So.2d 360 William ASHLEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The final judgment of conviction for the crime of attempted manslaughter is
affi...982); Andrews v. State, 357 So.2d 489 (Fla. 1st DCA 1978); Flowers v. State, 351 So.2d 387
(Fla. 1st DCA 1977). Affirmed in part; reversed in part.
70-CITE: 435 So.2d 976 D.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: BASKIN, Judge. The trial court adjudicated appellant delinquent, finding that he
participate...appellant s knowledge of the crime prior to its commission, or his intent to
participate in the robbery, we reverse the adjudication of delinquency.
71-CITE: 431 So.2d 736 STATE of Florida, Appellant, v. Marie Wolff GAINES, Appellee.
TEXT: GLICKSTEIN, Judge. This is the case of a self-proclaimed evil stepmother who entered into
se...ce the facts are undisputed, the order of the trial court may also be affirmed on the existence
in Florida of the statutory defense of renunciation.
72-CITE: 682 So.2d 601 Craig R. PRESLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Craig R. Presley appeals his convictions for attempted third-degree murder and
...100 L.Ed.2d 384, 395 (1988); Tape v. State, 661 So.2d 1287 (Fla. 4th DCA 1995). Reversed and
remanded. ALTENBERND, A.C.J., and FULMER, J., concur.
73-CITE: 736 So.2d 121 Paul ROBERTS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, J. We affirm defendant s conviction for robbery with a firearm but reverse the
sente...ourse of committing the robbery. *122 CONVICTION AFFIRMED; SENTENCE REVERSED FOR IMPOSITION
OF MANDATORY MINIMUM. GUNTHER and TAYLOR, JJ., concur.
74-CITE: 692 So.2d 290 Mark Anthony O BRYAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raises two issues in this direct appeal. We affirm on the first issue
...e with which the accused was not charged is a nullity. ). Accordingly, the cause is remanded for
new trial. MINER, ALLEN and PADOVANO, JJ., concur.
75-CITE: 453 So.2d 213 David WASHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. HURLEY and DELL, JJ., concur. SIMONS, STUART M., Associate Judge,
di...lsewhere at the time of the crime. Green v. State, 377 So.2d 193 (Fla. 3d DCA 1979). Therefore,
I would reverse and grant the defendant a new trial.
76-CITE: 658 So.2d 1236 Herbert CROSS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Cross challenges a judgment and sentence for trafficking in cocaine. Appellant
r...$100 to the Crime Lab Trust Fund is stricken. In all other respects, the judgment and sentence
are affirmed. ERVIN, WOLF and LAWRENCE, JJ., concur.
77-CITE: 457 So.2d 579 Connie CORNELIUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. Under the facts of this case, participation by defendant with her
husb...or in the crime with which she was charged and not the principal actor in the prior criminal
act. RYDER, C.J., and CAMPBELL and LEHAN, JJ., concur.
78-CITE: 736 So.2d 806 Hermon T. WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Hermon T. Williams has appealed an order denying his motion for postconviction
r...view of the motion, State s trial court response, and the trial court order, we conclude that
postconviction relief was correctly denied. Affirmed.
79-CITE: 661 So.2d 961 Preston Clayton HESTER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Preston Clayton Hester appeals from an order imposing adult sanctions. We
affirm...der the serious nature *962 of the underlying crime of homicide. See People v. Klaess, 129
Cal.App.3d 820, 181 Cal.Rptr. 355, 357 (1982). AFFIRMED.
80-CITE: 436 So.2d 268 Paul RENAU, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals the trial court s order finding him guilty of attempted
...ated more harshly than others. Therefore, Section 777.04(4)(c) does not violate equal protection.
AFFIRMED. ERVIN, C.J., and THOMPSON, J., concur.
81-CITE: 440 So.2d 627 Jay D. DIAMOND, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This court previously remanded appellant s motion for postconviction relief
unde...me was robbery with a deadly weapon. In all other respects, the order of the trial court is
AFFIRMED. OTT, C.J., and HOBSON and LEHAN, JJ., concur.
82-CITE: 626 So.2d 968 Mary GRIECO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. HERSEY and GUNTHER, JJ., concur. STONE, J., dissents with opinion.
...I also do not consider the error to be harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). I
concur in affirming as to the other issues raised.
83-CITE: 554 So.2d 577 W.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from an adjudication of delinquency based on a finding that
ap...esis that appellant did not intend to participate in the theft of the automobile. Reversed and
remanded with instructions to discharge the juvenile.
84-CITE: 590 So.2d 1054 Randy RUFFNER, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Randy Ruffner appeals from a judgment of conviction for sale of a substance in
l...led Sale of Imitation Controlled Substance even though the crime actually specified in the
information was sale of another substance in lieu of LSD.
85-CITE: 471 So.2d 1352 Ralph PARKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals from his convictions and sentences for battery, battery on
law...reverse and remand for a new trial on the charges of battery on a law enforcement officer.
CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
86-CITE: 648 So.2d 1210 Clint A. JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction and sentence for robbery with a firearm in
viol...obbery. Such evidence was admissible pursuant to section 812.022, Florida Statutes (1993).
Affirmed. GLICKSTEIN, WARNER and PARIENTE, JJ., concur.
87-CITE: 466 So.2d 291 STATE of Florida, Appellant, v. Carl Marion WELLS, Appellee.
TEXT: LEHAN, Judge. The state appeals from the trial court s order granting defendant s motion to
...fore no longer apposite. Reversed and remanded for proceedings consistent herewith. RYDER,
C.J., and SANDERLIN, JAMES B., Associate Judge, concur.
88-CITE: 693 So.2d 718 E.L., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. E.L. appeals from an adjudication of delinquency for attempted burglary and
crim...ce to substantiate the commission of that crime. Affirmed in part; reversed in part;
remanded for further proceedings consistent with this opinion.
89-CITE: 715 So.2d 1065 Christopher G. WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Christopher Walker challenges the trial court s denial of his postconviction
mot...ray. We affirm the trial court s denial of Walker s other claims without discussion.
Affirmed. CAMPBELL, A.C.J., and BLUE and GREEN, JJ., concur.
90-CITE: 520 So.2d 333 Michael ROUNSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We agree with the defendant s contention that he was entrapped into trafficking
... mind in Cruz in condemning police conduct which creates crime where no such crime exists but for
police activity engendering the crime. Id. at 522.
91-CITE: 619 So.2d 405 YOUTH CRIME WATCH OF AMERICA, Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: PER CURIAM. Youth Crime Watch of America, a private organization, appeals an agency action
w...unding shall make the applicant ineligible for funding. Governmental Agencies are not required
to comply with this requirement. [Original emphasis].
92-CITE: 672 So.2d 896 Joseph WILEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the appellant s conviction for attempted third degree murder, a
class...D? We affirm the appellant s conviction for second degree murder. AFFIRMED IN PART AND
REVERSED IN PART. ALLEN, WEBSTER and LAWRENCE, JJ., concur.
93-CITE: 443 So.2d 1013 Gail Lloyd COX, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Cox appeals from convictions for making a false report of a crime to a police
...ar reprosecution where the defendant was convicted of a crime which although technically
nonexistent, was in all elements equal to the main offense.
94-CITE: 543 So.2d 441 Ramon RIVERA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm Rivera s convictions for trafficking in cocaine and marijuana.
However...d 661 (Fla. 3d DCA 1988). We, therefore, remand for sentencing within the guidelines.
Affirmed in part; reversed in part; remanded with directions.
95-CITE: 743 So.2d 607 George THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, C.J. We affirm appellant s conviction for sexual battery on a child and sexual
batte... of the jury, the issue is not preserved for review. See Green v. State 679 So.2d 1294, 1294
(Fla. 4th DCA 1996). STONE and STEVENSON, JJ., concur.
96-CITE: 483 So.2d 428 STANDARD JURY INSTRUCTIONS RE: CRIMINAL CASES (SUPPLEMENTAL REPORT NO. 85-2).
TEXT: PER CURIAM. In Yohn v. State, 476 So.2d 123 (Fla.1985), we held standard criminal jury
instr...tted to a mental hospital, or given other treatment. Note to judge If drugs or alcohol are
involved, see Cirack v. State, 201 So.2d 706 (Fla.1967).
97-CITE: 594 So.2d 263 STATE of Florida, Petitioner, v. James Leo DODD, Respondent.
TEXT: PER CURIAM. We have for review Dodd v. State, 570 So.2d 1013, 1014 (Fla. 5th DCA 1990),
whic...l proximity of a crime of violence by one previously convicted of a crime of violence should
be grounds for upward departure. OVERTON, J., concurs.
98-CITE: 720 So.2d 242 Marlene Scott DAVIS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review the decision in Davis v. State, 710 So.2d 764 (Fla. 5th DCA
1..., we quash the decision below. It is so ordered. HARDING, C.J., and OVERTON, SHAW, KOGAN,
ANSTEAD and PARIENTE, JJ., concur. WELLS, J., dissents.
99-CITE: 436 So.2d 189 STATE of Florida, Appellant, v. Edward Eugene ISAAC, Appellee.
TEXT: LEHAN, Judge. The state appeals an order which granted defendant s motion to dismiss
pursuan... State v. Sokos, supra. Accordingly, we REVERSE and REMAND for further proceedings
consistent herewith. SCHEB, A.C.J., and SCHOONOVER, J., concur.
100-CITE: 464 So.2d 223 Harold Grant SNOWDEN, Sr., Petitioner, v. The Honorable Amy S. DONNER, Circuit
Judge, Eleventh Judicial Circuit, Dade County, Florida, Respondent.
TEXT: SCHWARTZ, Chief Judge. As we did in Rodriguez v. Cowart, 458 So.2d 284 (Fla. 3d DCA 1984)
(T...08). ). Accordingly, the petition for writ of prohibition challenging the state s right to
proceed against the petitioner by information is Denied.
101-CITE: 722 So.2d 887 John Leroy HAMMOND, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant John Hammond was sentenced in 1981 to ninety years imprisonment for
se...d the degree of felony within which the crime falls. Reversed and remanded with directions.
THREADGILL, A.C.J., and FULMER and GREEN, JJ., concur.
102-CITE: 624 So.2d 277 Patricia PUGH, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Patricia Pugh appeals her convictions for conspiracy to commit aggravated
child...ravated child abuse; but reverse the conviction for first degree felony murder and remand
for a new trial. HALL, A.C.J., and PATTERSON, J., concur.
103-CITE: 601 So.2d 1222 Larry L. BLAND, Petitioner, v. Harry K. SINGLETARY, et al., Respondents.
TEXT: PER CURIAM. This case is before us on an original petition for writ of habeas corpus. We
den...r was placed on adequate notice of the crime *1223 charged. Therefore, the petition must be
denied. DENIED. SHIVERS, BOOTH and MINER, JJ., concur.
104-CITE: 478 So.2d 872 C.L.A., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. C.L.A., a juvenile, appeals form an adjudication of delinquency based on a
findi...aiding and abetting). See generally Kaufman v. State, 429 So.2d 841 (Fla. 3d DCA 1983);
Brown v. State, 391 So.2d 729 (Fla. 3d DCA 1980). Affirmed.
105-CITE: 725 So.2d 1217 James Renorris THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, James Renorris Thompson, challenges his judgments and sentences
f...matic firearm with respect to his conviction for felonious possession of a firearm. Affirmed.
CAMPBELL, A.C.J., THREADGILL and GREEN, JJ., Concur.
106-CITE: 615 So.2d 727 Marvin E. HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Marvin E. Harris appeals the denial of his motion to correct his sentence,
filed... the degree of appellant s crime as a first-degree felony rather than a life felony.
AFFIRMED, but REMANDED. ANSTEAD, LETTS and DELL, JJ., concur.
107-CITE: 642 So.2d 51 FLORIDA PAROLE COMMISSION, Appellant, v. Richard CRINER, Appellee.
TEXT: PER CURIAM. The Florida Parole Commission seeks review of an order granting Criner s
petitio.... (FN2) Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972); Coker v.
Georgia, 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977).
108-CITE: 719 So.2d 341 Dominick MONGELLI, Appellant, v. Peter NILES, Appellee.
TEXT: HARRIS, Judge. Mongelli sued Niles for legal malpractice in his representation of Mongelli
i...hat this case is controlled by Zeidwig v. Ward, 548 So.2d 209 (Fla.1989), and granted summary
judgment. AFFIRMED. DAUKSCH and ANTOON, JJ., concur.
109-CITE: 490 So.2d 1383 Dolan Robert KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from burglary and robbery convictions. We affirm the
burgl...tion, we remand for entry of judgment and sentence for that crime. AFFIRMED in part;
REVERSED in part; and REMANDED. COBB and COWART, JJ., concur.
110-CITE: 710 So.2d 606 Dallas J. WALTERS, Appellant, v. STATE of Florida, Appellee.
TEXT: YOUNG, ROBERT A., Associate Judge. The appellant was charged with possession of cocaine and
...itional instruction. Chicone, 684 So.2d at 745-46. Because the appellant did not ask for such
instruction at trial, the issue is not pertinent here.
111-CITE: 743 So.2d 154 Jose Felix MUNGUIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals from judgments of conviction and sentences for two counts of
e...f this case justify departure. ------------ (FN1) As to the remaining point relating to the
conviction itself--the jury selection--we find no error.
112-CITE: 475 So.2d 275 Arthur L. BELTON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We agree with appellant Belton s contention that the trial court improperly
limi... probative impeachment evidence. See Davis v. Alaska, 415 U.S. 308, 316, 94 S.Ct. 1105, 1110,
39 L.Ed.2d 347, 353-54 (1974). Reversed and remanded.
113-CITE: 641 So.2d 937 John Timothy LOWE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse defendant s sentences for armed robbery because we conclude that the
...re reverse and remand for the defendant to be sentenced within the guidelines. POLEN and KLEIN,
JJ., and GROSS, ROBERT M., Associate Judge, concur.
114-CITE: 685 So.2d 43 Jose Miguel SALDANE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Jose Miguel Saldane ( Defendant ) appeals his conviction for armed robbery on
tw...charge against the Defendant was error and we reverse the defendant s conviction and remand for
a new trial. Reversed and remanded for a new trial.
115-CITE: 724 So.2d 1228 Ricardo JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant was charged with and sentenced for attempted first degree murder of a
po...or attempted first degree murder. We have considered the other issues and find them to be
without merit. Affirmed. WARNER, and GROSS, JJ., concur.
116-CITE: 691 So.2d 1157 Demetrius Allen McDUFFIE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Demetrius McDuffie appeals the denial of his 3.800 motion to vacate his
sentence...ecision was rendered, McDuffie s case was final and not pending direct review. By its own
terms then, Gray affords no relief to McDuffie. Affirmed.
117-CITE: 442 So.2d 329 Chester JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: VOCELLE, L.B., Associate Judge. Appellant was charged with grand theft (felony) of a truck
a...The answer must certainly be that the trial judge may not so affect the accused s Sixth
Amendment rights. REVERSED. LETTS and HURLEY, JJ., concur.
118-CITE: 648 So.2d 309 Edward GALLON, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Chief Judge. Gallon was convicted of felony petit theft even though that crime was
no... that his conviction for felony petit theft be reversed and that he be immediately released
from incarceration. THREADGILL and PARKER, JJ., concur.
119-CITE: 640 So.2d 142 Patti MANLY, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. Appellant, Patti Manly, appeals her judgment and sentence for resisting
ar...rror. Accordingly, appellant s conviction is reversed, the sentence vacated, and the case
remanded for a new trial. GUNTHER and KLEIN, JJ., concur.
120-CITE: 500 So.2d 659 Jerry C. ROZAR, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Chief Judge. Jerry Rozar appeals a judgment and sentence for three counts of lewd
...uidelines and that we must reverse and remand for resentencing. AFFIRMED in part, REVERSED and
REMANDED in part. ORFINGER and COWART, JJ., concur.
121-CITE: 586 So.2d 438 William T. GRANT, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Upon consideration of appellee s motion for rehearing
a... Harris v. State, 580 So.2d 804 (Fla. 1st DCA 1991). The conviction and sentence are,
therefore, affirmed. ZEHMER, BARFIELD and WOLF, JJ., concur.
122-CITE: 543 So.2d 1299 Alvaro LUJAN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Based upon our review of the record and the state s confession of error, we
vaca... (Fla.1988); Hernandez v. State, 538 So.2d 137 (Fla. 3d DCA 1989). Accordingly, the sentence
is vacated and the cause is remanded for resentencing.
123-CITE: 660 So.2d 378 James C. HARRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant appeals a judgment and sentence for grand theft. He challenges
the...his case. The standard jury instruction is out of date and most certainly will be changed in
due course. AFFIRMED. HARRIS and ANTOON, JJ., concur.
124-CITE: 555 So.2d 1324 Wayne HOSKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. We affirm the appellant s convictions and find no error in the
ju...of nolle prosequi terminating and dismissing Count II. Therefore, we need take no corrective
action. Affirmed. PARKER and ALTENBERND, JJ., concur.
125-CITE: 531 So.2d 1011 Randall WILKEN, Appellant, v. STATE of Florida, Appellee.
TEXT: GLICKSTEIN, Judge. We first remand for housekeeping corrections; namely, to have the forms
u...the second did not occur after the prior conviction. This conclusion moots appellant s second
argument on this point. DOWNEY and DELL, JJ., concur.
126-CITE: 705 So.2d 660 Gary GUTIERREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. Gary Gutierrez appeals his conviction for lewd and lascivious conduct. He
conte... we reverse Gutierrez s conviction and remand for a new trial. Reversed and remanded for a
new trial. ALTENBERND, A.C.J., and WHATLEY, J., concur.
127-CITE: 476 So.2d 304 Addie Loretta DANIELS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a judgment and sentence entered upon a
pl...tions to correct the judgment to reflect the correct crime to which defendant pled nolo
contendere. BOOTH, C.J., and MILLS and JOANOS, JJ., concur.
128-CITE: 516 So.2d 980 Jason D. INGHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. UPCHURCH, C.J., and SHARP, J., concur. COWART, J., dissents with
opi...v. State, 500 So.2d 604 (Fla. 5th DCA 1986); Paschall v. State, 501 So.2d 1370 (Fla. 2d DCA
1987); Cox v. State, 508 So.2d 1318 (Fla. 1st DCA 1987).
129-CITE: 524 So.2d 1108 Terry Lee JENKINS, Appellant, v. The STATE of Florida, Appellee.
TEXT: FERGUSON, Judge. The defendant, Terry Lee Jenkins, appeals a jury conviction and sentence
fo...hand in pocket after seeing police car did not give rise to founded suspicion). Reversed and
remanded with instructions to discharge the defendant.
130-CITE: 440 So.2d 478 A.M., III, a child, Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. Appellant A.M., III, contests the sufficiency of the evidence
...0 (Fla.1981). Accordingly, we REVERSE appellant s adjudication and REMAND with directions to
discharge appellant. SCHEB and CAMPBELL, JJ., concur.
131-CITE: 560 So.2d 1374 Albert JEFFERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Albert Jefferson appeals his conviction for sale and possession of cocaine.
H...s not sufficiently prejudicial to require a mistrial. See Marek v. State, 492 So.2d 1055
(Fla.1986). AFFIRMED. SHARP, W. and GOSHORN, JJ., concur.
132-CITE: 451 So.2d 844 STATE of Florida, Petitioner, v. Ronald HOGAN, Respondent.
TEXT: McDONALD, Justice. We have for review Hogan v. State, 427 So.2d 202 (Fla. 4th DCA 1983),
bec...sentence, and remand for affirmation of his original sentence. It is so ordered. ALDERMAN,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
133-CITE: 720 So.2d 240 Gary L. DOLES, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review the decision in Doles v. State, 710 So.2d 769 (Fla. 1st DCA
1...ict court s decision in Doles. It is so ordered. HARDING, C.J., and OVERTON, SHAW, KOGAN,
ANSTEAD and PARIENTE, JJ., concur. WELLS, J., dissents.
134-CITE: 591 So.2d 305 Jessie LIGHTFOOT, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant seeks review of his conviction and sentence after a jury
foun...quiring a trial court to give such an instruction at the close of trial. Accordingly, the
conviction is affirmed. SHIVERS and ZEHMER, JJ., concur.
135-CITE: 747 So.2d 450 STATE of Florida, Appellant, v. C.H., a child, Appellee.
TEXT: KLEIN, J. A petition for delinquency was filed against the appellee, and he moved to
dismiss... to dismiss. See State v. Booker, 529 So.2d 1239 (Fla. 1st DCA 1988). We therefore reverse
the order of dismissal. FARMER and HAZOURI, JJ., concur.
136-CITE: 528 So.2d 945 Edward WHITEHEAD, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, MARTHA C., Associate Judge. The defendant appeals his conviction and sentence of
fir...ellant s convictions and sentences for murder in the first degree and robbery, and remand this
case for a new trial. ANSTEAD and DELL, JJ., concur.
137-CITE: 431 So.2d 272 Brent Andrew KING, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order withholding adjudication and placing
appella...e order placing appellant on probation is reversed and this cause is remanded for a new
trial. REVERSED and REMANDED. COBB and SHARP, JJ., concur.
138-CITE: 432 So.2d 633 STATE of Florida, Appellant, v. Jesus BLANCO, Lazaro Estevez and Angel Estevez
Quintero, Appellees.
TEXT: PER CURIAM. The final order dismissing the information in this cause under Fla.R.Crim.P.
3.1...49 (Fla. 3d DCA 1981); State v. Wright, 386 So.2d 583 (Fla. 4th DCA 1980); State v. Fort, 380
So.2d 534 (Fla. 5th DCA 1980). Reversed and remanded.
139-CITE: 620 So.2d 187 Donald Lewis SMITH, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review Smith v. State, 604 So.2d 944 (Fla. 1st DCA 1992), which
cert...hough I agree with the majority that State v. Varner, 616 So.2d 988 (Fla.1993) also applies,
I would reverse the decision based on Mischler as well.
140-CITE: 658 So.2d 1231 Aaron ANDERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, Judge. In this belated appeal, Aaron Reynold Anderson (Anderson) argues there are
...erson is afforded notice and an opportunity to be heard. We AFFIRM the conviction and sentence in
all other respects. ERVIN and BOOTH, JJ., concur.
141-CITE: 661 So.2d 87 Jerry HEDGEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Jerry Hedgeman appeals his conviction for second-degree murder, (FN1)
arguing... 640 So.2d 1107 (Fla.1994); Von Deck v. Evander, 622 So.2d 1160 (Fla. 5th DCA 1993).
Reversed and remanded. DANAHY, A.C.J., and BLUE, JJ., concur.
142-CITE: 581 So.2d 239 Michael A. EDWARDS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment and sentence in a cocaine delivery case.
... DCA 1989); Keith v. State, 542 So.2d 440 (Fla. 5th DCA 1989). CONVICTION AFFIRMED; SENTENCE
VACATED; REMANDED. GOSHORN and PETERSON, JJ., concur.
143-CITE: 463 So.2d 450 Ramon CARRILLO, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Ramon Carrillo, appeals from a judgment and sentence
enter...uct the jury immediately upon resumption of trial, this was the appellant s first
opportunity to make the motion without disrupting the proceedings.
144-CITE: 500 So.2d 660 Saadia L. BIBBS, Appellant, v. STATE of Florida, Appellee.
TEXT: UPCHURCH, Chief Judge. Saadia Bibbs appeals a sentence imposed after she pled guilty to
poss...e, 492 So.2d 404 (Fla. 1st DCA, 1986); Noland v. State, 489 So.2d 873 (Fla. 1st DCA, 1986).
(FN2) The crime here was committed on November 30, 1984.
145-CITE: 443 So.2d 204 The STATE of Florida, Appellant, v. Vargas Vila JIMENEZ, Appellee.
TEXT: PER CURIAM. The defendant, a person over the age of eighteen, was charged with sexual
batter...ole, as provided in Section 775.082(1), Florida Statutes? Reversed and remanded.
------------ (FN1) See Buford v. State, 403 So.2d 943 (Fla.1981).
146-CITE: 621 So.2d 570 Patrick MARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patrick D. Martin (Martin) appeals his conviction for manslaughter with a
firear...re, the judgment and sentence should be corrected to show the correct degree of crime.
Affirmed. DANAHY, A.C.J., and PARKER and BLUE, JJ., concur.
147-CITE: 745 So.2d 1110 J.V., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: LAWRENCE, J. J.V., a juvenile, seeks review of an order adjudicating him delinquent for the
...succeed. Accordingly, we AFFIRM the order adjudicating J.V. delinquent for the offense of
possession of cannabis. ERVIN and PADOVANO, JJ., CONCUR.
148-CITE: 740 So.2d 51 David Lee JOHNSON, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Chief Judge. David Lee Johnson, Jr., appeals the order of the trial court
designatin...the trial court to correct the final judgment to reflect the terms of the plea
agreement. Reversed and remanded. FULMER and SALCINES, JJ., Concur.
149-CITE: 728 So.2d 335 Anthony BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, J. Appellant appeals his conviction for aggravated battery, claiming that the trial
...echnical ground. We find the remaining points to be without merit and affirm both the conviction
and sentence. STONE, C.J., and GROSS, J., concur.
150-CITE: 467 So.2d 796 J.W., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: HENDRY, Judge. J.W., a juvenile, appeals from an adjudication of delinquency arising from a
...efore the order of adjudication and commitment is reversed and the case remanded with directions
to discharge the appellant. Reversed and remanded.
151-CITE: 433 So.2d 40 Dennis PAFFORD, and Dempsey Allen, Appellants, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. We disagree with appellant s argument that the verdict rendered in this case
...session of cannabis in excess of twenty grams. AFFIRMED and REMANDED for entry of a correct
adjudication. LARRY G. SMITH and NIMMONS, JJ., concur.
152-CITE: 504 So.2d 521 Joseph Frank ANTONACCI, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal of an order issued by the County Court for Marion County,
Flor...uestion is answered in the affirmative and the cause remanded for proceedings consistent with
this opinion. DAUKSCH, SHARP and COWART, JJ., concur.
153-CITE: 671 So.2d 224 Eric Scott BRANCH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from Appellant s conviction and sentence for
s... REMANDED IN PART. BOOTH, WOLF and VAN NORTWICK, JJ., concur. ------------ (FN1) Indiana has a
separate crime of Rape. Ind. Code Section 35-42-4-1.
154-CITE: 483 So.2d 537 Roger Dale BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Chief Judge. Roger Dale Brown was charged with grand theft on August 17, 1984. Trial
...hat the court sentence Brown within the guidelines or depart therefrom with proper, clear and
convincing reasons. SCHOONOVER and HALL, JJ., concur.
155-CITE: 487 So.2d 1039 STATE of Florida, Petitioner, v. Paul Joseph COTE, Respondent.
TEXT: ADKINS, Justice. We have for review Cote v. State, 468 So.2d 1019 (Fla. 4th DCA 1985),
which... we approve the result reached by the district court. It is so ordered. BOYD, C.J., and
OVERTON, McDONALD, EHRLICH, SHAW and BARKETT, JJ., concur.
156-CITE: 513 So.2d 794 Ronnie GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court, pursuant to an earlier possession and sale of cocaine
convictio...1986). Accordingly, we reverse and remand for resentencing within the guidelines.
REVERSED AND REMANDED. ANSTEAD, LETTS and GUNTHER, JJ., concur.
157-CITE: 488 So.2d 566 Willie BRADWELL, Petitioner, v. The Honorable Charles D. McCLURE, et al.,
Respondent.
TEXT: SECOND PETITION FOR WRIT OF HABEAS CORPUS PER CURIAM. Petitioner seeks a writ of habeas
cor...ver petitioner to Circuit Judge Charles D. McClure or his alternate to set reasonable bail.
WRIT ISSUED. ERVIN, WENTWORTH and JOANOS, JJ., concur.
158-CITE: 514 So.2d 80 STATE of Florida, Appellant Cross-Appellee, v. Robert Morrill WADLEY, Appellee
Cross-Appellant.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence in an aggravated child-abuse case. The
sen... that this decision is irreconcilable with Green v. State, 496 So.2d 256 (Fla. 5th DCA 1986).
I would recognize this conflict and recede from Green.
159-CITE: 734 So.2d 1057 Sidney C. GOODWIN a k a Mickey Goodwin, Appellant, v. STATE of Florida,
Appellee.
TEXT: PER CURIAM. Appellant raises two issues with regard to his conviction for possession of a
fi...admissible to impeach under Section 90.610), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102
L.Ed.2d 239 (1988). ERVIN, MINER and KAHN, JJ., concur.
160-CITE: 434 So.2d 50 James BROWN, Jr., a k a Frank Lawshea, Appellant, v. The STATE of Florida,
Appellee.
TEXT: PER CURIAM. Brown s contention on appeal that the State s failure to adduce evidence
showing...ication was so impermissibly suggestive as to taint the in-court identification, even if
arguably preserved for review, is without merit. Affirmed.
161-CITE: 585 So.2d 454 STATE of Florida, Appellant, v. John Lee COLLINS, Jr., Appellee.
TEXT: PER CURIAM. We agree with the State of Florida s contention that the trial court erred by
aw...it for time served on community control. *455 Affirmed and remanded with instructions.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
162-CITE: 714 So.2d 1129 Erman E. HINTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We deny Appellant s motion for rehearing but withdraw
o...n Tillman, faced a maximum sentence as a habitual offender of 30 years and that is what he
received. STONE, C.J., and DELL and FARMER, JJ., concur.
163-CITE: 464 So.2d 622 Jimmy Lee MURRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. We reverse defendant s convictions and sentences for possession of heroin and
...esser degree offenses of the four convictions. Reversed and remanded for proceedings consistent
herewith. CAMPBELL, A.C.J., and FRANK, J., concur.
164-CITE: 727 So.2d 996 Daniel Sean MICHAEL, Appellant, v. STATE of Florida, Appellee.
TEXT: NORTHCUTT, Judge. Daniel Sean Michael challenges his sentence for possession of a firearm
by...rror. See Patterson v. State, 724 So.2d 640 (Fla. 2d DCA 1999). Reversed and remanded for
resentencing. FULMER, A.C.J., and CASANUEVA, J., Concur.
165-CITE: 691 So.2d 53 David Lee FUGATE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant David Fugate was convicted of three counts of aggravated assault with
...dence was not a matter of strategy, counsel s failing to do so did not affect the outcome of the
case as such motion would, in any event, be denied.
166-CITE: 652 So.2d 458 Larry Russell GAINES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Larry Russell Gaines, appellant, was charged by information with sexual battery
...sue moots the sentencing issue also raised by appellant. AFFIRMED IN PART; REVERSED IN PART;
REMANDED. HERSEY, GUNTHER and STEVENSON, JJ., concur.
167-CITE: 621 So.2d 505 Morris Sellers FREENY, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Freeny appeals his conviction and sentence for robbery with a firearm.
(FN1... DIAMANTIS, J., concur. ------------ (FN3) See Hicks v. State, 583 So.2d 1106 (Fla. 2d DCA
1991); Hough v. State, 448 So.2d 628 (Fla. 5th DCA 1984).
168-CITE: 691 So.2d 587 Aundra AKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raises two issues in this appeal following his guilty plea. We affirm
... is affirmed in part, reversed in part, and remanded for further proceedings in accordance with
this opinion. MINER, ALLEN and MICKLE, JJ., concur.
169-CITE: 602 So.2d 1272 Jerry Ray ROBINS, Petitioner, v. STATE of Florida, Respondent.
TEXT: OVERTON, Justice. We have for review Robins v. State, 587 So.2d 581 (Fla. 1st DCA 1991), in
...ETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. ------------ (FN1) We have
jurisdiction. Art. V, Section 3(b)(3), Fla. Const.
170-CITE: 546 So.2d 65 Maureen STRACHON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. HERSEY, C.J., and DELL, J., concur. GLICKSTEIN, J., dissents with
op...sequent to that argument, provided the court with supplemental authority to support that view.
See State v. Evans, 432 So.2d 584 (Fla. 2d DCA 1983).
171-CITE: 677 So.2d 884 John NEWBERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Newberry argues on appeal that the sentence he received after pleading
guil...e. REVERSED and REMANDED for resentencing. PETERSON, C.J., and GOSHORN, J., concur.
------------ (FN1) Section 827.03(b) and (c), Fla.Stat (1993).
172-CITE: 453 So.2d 207 In re FORFEITURE OF ONE 40 FIBERGLASS BOAT, WHITE IN COLOR WITH BLACK BOTTOM,
FLORIDA REGISTRATION FLO346EM, HULL NO. PER 40014M1C, together with Three 200 Horsepower Mercury
Black Max Outboard Motors and all Gear, Equipment, Radios, and other Personal Property found
thereon.
TEXT: PER CURIAM. Affirmed. This is an appeal from a forfeiture order. The trial court determined
...ly, we decline to resolve those issues and affirm the trial court s order. ANSTEAD, C.J.,
DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.
173-CITE: 732 So.2d 492 Richard SHEPHERD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions in this case. Even assuming an improperly
sugg...ed that both Wade and the security guard were positive about their identification at the
show-up. AFFIRMED. KLEIN, GROSS and HAZOURI, JJ., concur.
174-CITE: 471 So.2d 137 In re FORFEITURE OF ONE 1980 OLDSMOBILE 98, VIN 3X37NAM179969. Lawson L. LAMAR,
Sheriff of Orange County, Florida, Appellant Cross-Appellee, v. UNIVERSAL SUPPLY COMPANY, INC.,
Appellee Cross-Appellant.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying forfeiture of an automobile.
Appelle...is car, though; it was his gun which was the instrumentality of the alleged assault.
AFFIRMED. COBB, C.J., and FRANK D. UPCHURCH, Jr., J., concur.
175-CITE: 659 So.2d 1364 J.K.H., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. A juvenile defendant appeals his conviction for carrying a concealed firearm.
We...1st DCA 1989). Accordingly, we reverse and remand with instructions to discharge the
defendant. FRANK, A.C.J., and PARKER and FULMER, JJ., concur.
176-CITE: 577 So.2d 963 Bobby ADAMS a k a Robert Shelton, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sentence. The principal issue involves the points
...GAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?
Motion GRANTED. DAUKSCH, COBB and COWART, JJ., concur.
177-CITE: 718 So.2d 1262 David LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. David Lopez challenges his sentence imposed upon his conviction for grand theft
...ommission of the misdemeanor offenses. Remanded with directions. PATTERSON, A.C.J., NORTHCUTT,
J., and DANAHY, PAUL W., Jr., Senior Judge, concur.
178-CITE: 620 So.2d 257 Tony RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Tony Richardson appeals condition 12 of the order of probation which forbids
... strike *258 that portion of the written order. See Pratt v. State, 601 So.2d 619 (Fla. 2d DCA
1992). CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
179-CITE: 711 So.2d 1166 Christian WENDT, Appellant, v. STATE of Florida, Appellee.
TEXT: EN BANC ALTENBERND, Judge. Christian Wendt appeals his sentences for DUI manslaughter and
D...nd CASANUEVA, JJ., concur. ------------ (FN1) Nothing suggests that Mr. Wendt had a sufficient
number of prior DUIs to qualify for felony treatment.
180-CITE: 521 So.2d 295 Edgar Gerold BATIE, Appellant, v. STATE of Florida, Appellee.
TEXT: ON APPELLANT S MOTION TO REMAND TO SET BOND PER CURIAM. Appellant was convicted of sexual
b...on those convicted of violation of section 794.011(2) than that imposed on those convicted of
violation of section 794.011(4) suggests the opposite.
181-CITE: 547 So.2d 1239 Robert Lee COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Reversed and remanded for a new trial on attempted manslaughter. We agree with
t...ments constituted fundamental error entitling the appellant to a new trial on attempted
manslaughter by act. ANSTEAD, LETTS and STONE, JJ., concur.
182-CITE: 660 So.2d 406 James R. PEARSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In Pearson v. State, 410 So.2d 598 (Fla. 1st DCA 1982), this court held that
Pea...le 3.800 motion, vacate his illegal sentence, and direct the trial court to impose a legal
sentence. MICKLE, BENTON, and VAN NORTWICK, JJ., concur.
183-CITE: 723 So.2d 880 STATE of Florida, Appellant, v. Douglas D. RAINES, Appellee.
TEXT: PER CURIAM. In the case at bar, we are asked to review an order of the trial court granting
...ken fits within the definition of trade secret. Reversed with directions. MINER and LAWRENCE,
JJ., and McDONALD, PARKER LEE, Senior Judge, CONCUR.
184-CITE: 545 So.2d 492 Lazaro BARREIRO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Lazaro Barreiro from a final judgment of
conv...a.1982); Moore v. State, 276 So.2d 504 (Fla. 4th DCA 1973). The final judgment of conviction
and sentence is, therefore, in all respects, AFFIRMED.
185-CITE: 456 So.2d 492 Larry Hodge McCULLOUGH, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Larry Hodge McCullough, appeals his sentence for attempted
mansl...ission of the crime. Therefore, the judgment of the trial court is affirmed on the authority
of Miller. HOBSON, A.C.J., and SCHOONOVER, J., concur.
186-CITE: 579 So.2d 75 In re STANDARD JURY INSTRUCTIONS CRIMINAL CASES--NO. 90-1.
TEXT: PER CURIAM. The Supreme Court Committee on Standard Jury Instructions (Criminal) has
submitt... for publication this recommended amendment. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
187-CITE: 750 So.2d 139 STATE of Florida, Appellant, v. Alaa-Eldin A. HADDAD, Appellee.
TEXT: PER CURIAM. In this appeal, the state challenges the sentence imposed on appellant for the
c...nd resentence appellant consistent with the statutory mandate of a three-year minimum mandatory
prison term. MINER, WOLF and PADOVANO, JJ., concur.
188-CITE: 475 So.2d 1367 Freddie Lynn LEWIS, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. On September 27, 1984, appellant was sentenced to five years in
... within the presumptive range or depart therefrom for clear and convincing reasons which should
be stated in writing. LEHAN and FRANK, JJ., concur.
189-CITE: 470 So.2d 90 Leon D. FINKLEA, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. The defendant appeals a guidelines sentence imposed after the revocation
of...77 (Fla. 2d DCA 1984); Rodriguez v. State, 458 So.2d 899 (Fla. 2d DCA 1984). REVERSED and
REMANDED for resentencing. MILLS and SMITH, JJ., concur.
190-CITE: 731 So.2d 722 James FLUCKERS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed. GREEN and FLETCHER, JJ., concur. COPE, J. (concurring in part and
di...harge, because the evidence showed that the car had been stolen at an earlier date. I concur
with the majority s affirmance on the remaining issues.
191-CITE: 592 So.2d 350 Charles Henry WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: GERSTEN, Judge. Appellant, Charles Henry Williams, appeals his convictions for sexual
batter...ence against appellant. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Accordingly, we
affirm appellant s convictions in all respects. Affirmed.
192-CITE: 502 So.2d 1347 Arthur J. YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. Young appeals his convictions and sentences for trafficking in cocaine in a
qu... 451 (Fla.1985). Affirmed in part; reversed in part and remanded for resentencing consistent
with this opinion. DANAHY, C.J. and HALL, J., concur.
193-CITE: 552 So.2d 262 Thor BERGEN, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his convictions for five counts of a lewd and
lasciviou... purposes we attribute no significance to the inclusion of the word knowingly in the
statute. Id. Affirmed. DANAHY, A.C.J., and FRANK, J., concur.
194-CITE: 495 So.2d 914 Armando SILVEIRA-HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: DANIEL S. PEARSON, Judge. The defendant, appealing from convictions for aggravated battery,
..., defense counsel himself recognized when, during closing argument, he deftly exploited the
differences in the two accounts of the crime. Affirmed.
195-CITE: 519 So.2d 760 Thomas WATKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Chief Judge. Appellant appeals his conviction for robbery with a firearm raising
seve...result. ------------ (FN1) The former voluntary intoxication instruction, 2.11(c), did not
survive the 1981 amendments to the standard instructions.
196-CITE: 714 So.2d 665 Dewayne Allen JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Dewayne Allen Jones appeals his convictions and sentences for sexual battery
and...e in which the State has attempted to make a strong case stronger by the introduction of
highly questionable material. Again it has lost the gamble.
197-CITE: 704 So.2d 590 Lisa CONNELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: COSTELLO, DEDEE S., Associate Judge. Appellant, Lisa Connelly, was tried by jury and
convict...y, we affirm the convictions, but reverse the departure sentences and remand for
sentencing within the guidelines. DELL and STEVENSON, JJ., concur.
198-CITE: 550 So.2d 142 Eric Tyrone BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. The appellant was charged by a two-count information with the offense of
posse...v. Sykes, 434 So.2d 325 (Fla.1983); Achin v. State, 436 So.2d 30 (Fla.1982). REVERSED and
REMANDED for new trial. NIMMONS and ZEHMER, JJ., concur.
199-CITE: 729 So.2d 424 Joseph KAUFFMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. After a bench trial, Joseph Kauffman was convicted of burglary of a
conveyance;...1982); State v. Sykes, 434 So.2d 325 (Fla.1983) (both reversing convictions for
attempted offenses). AFFIRMED. W. SHARP and PETERSON, JJ., concur.
200-CITE: 452 So.2d 664 E.H., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: SCHWARTZ, Chief Judge. Once again, we consider and are forced to reverse an adjudication
tha...Indeed, her statement was buttressed by the fact that, after missing the victim and the guard,
the car crashed into the wall of the cocktail lounge.
201-CITE: 642 So.2d 146 Mark GONSOULIN, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The issue posed by this appeal is whether the crime of carrying a concealed
wea.... AFFIRMED. W. SHARP and DIAMANTIS, JJ., concur. ------------ (FN1) Blockburger v. United
States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).
202-CITE: 623 So.2d 637 Steven G. PETERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Steven Peterson ( Peterson ) appeals a condition of his probation that was
...o constitute a violation of your probation. Use of cannabis sativa is a violation of sections
893.13(1)(a) and 893.13(1)(g) Florida Statutes (1991).
203-CITE: 520 So.2d 29 STATE of Florida, Petitioner, v. Juan Oscar DOMINGUEZ, Respondent.
TEXT: PER CURIAM. We accepted jurisdiction pursuant to article V, section 3(b)(4) of the Florida
C... approve the decision of the district court. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
204-CITE: 496 So.2d 255 Frederick MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction and sentence in a drug case. Appellant
w...atters which must be addressed anew below, so those sentences are reversed, as well. REVERSED
and REMANDED. UPCHURCH, C.J., and SHARP, J., concur.
205-CITE: 546 So.2d 459 Ernest SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant has appealed the judgment of conviction for resisting arrest
witho...out violence must be reversed. Lee v. State; Dean v. State, 466 So.2d 1216 (Fla. 4th DCA
1985). REVERSED. WALDEN, GUNTHER and WARNER, JJ., concur.
206-CITE: 501 So.2d 752 James Arthur THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a sexual battery conviction. It was not reversible
er...Pilgrim v. State, 480 So.2d 688 (Fla. 5th DCA 1985). CONVICTION AFFIRMED; SENTENCE VACATED AND
REMANDED. UPCHURCH, C.J., and ORFINGER, J., concur.
207-CITE: 685 So.2d 17 Charles GARVIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. Defendant Charles Garvin appeals his numerous convictions and his
sentencin.... We have reviewed Garvin s final contentions--as to his sentencing--and find them to be
without merit. The convictions and sentences are affirmed.
208-CITE: 478 So.2d 479 Orlando SAAVEDRA, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING LETTS, Judge. The Petition for Rehearing is granted. The original
o...rnative would be to be sentenced outside the guidelines altogether, an option which the
defendant did not exercise. DOWNEY and WALDEN, JJ., concur.
209-CITE: 469 So.2d 219 Bonnie KELLY, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from her conviction for first degree murder. We affirm. We
... to when testimony growing out of unduly suggestive procedures of that kind should not be
admitted. Affirmed. RYDER, C.J., and GRIMES, J., concur.
210-CITE: 689 So.2d 1233 STATE of Florida, Appellant, v. Curt WILLIAMS, Appellee.
TEXT: PARKER, Judge. The State of Florida appeals the trial court s order denying restitution for
...k restitution for the insurance company. Reversed and remanded for an evidentiary hearing on
restitution. CAMPBELL, A.C.J., and FRANK, J., concur.
211-CITE: 530 So.2d 296 STATE of Florida, Petitioner, v. Linford FLETCHER, Respondent.
TEXT: EHRLICH, Chief Justice. We have for our review Fletcher v. State, 508 So.2d 506 (Fla. 4th
DC...consideration of the sentence under the rationale of Albritton. It is so ordered. OVERTON,
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
212-CITE: 693 So.2d 111 Rodney CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Carter appeals his convictions and sentences for sale of cocaine, (FN1)
carrying...(2)(a)4. and 893.13(1)(a)1., Fla.Stat. (1995). (FN2) Section 79.01(2), Fla.Stat. (1995).
(FN3) Sections 784.021(1)(a), 775.087(2), Fla.Stat. (1995).
213-CITE: 453 So.2d 896 Everett Ray WEEKLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole question presented on this appeal is the validity of appellant s
senten...ability of the death penalty to that crime. Accordingly, the sentence appealed from is
affirmed. AFFIRMED. DOWNEY, LETTS and WALDEN, JJ., concur.
214-CITE: 452 So.2d 1135 STATE of Florida, Appellant, v. Edward A. COKER, Appellee.
TEXT: SCHOONOVER, Judge. The state appeals from an order granting the appellee s motion to
dismiss...mation filed herein is reversed and the cause is remanded for further proceedings
consistent with this opinion. RYDER, C.J., and LEHAN, J., concur.
215-CITE: 521 So.2d 1093 Mark Franklin BARRENTINE, Petitioner, v. STATE of Florida, Respondent.
TEXT: OVERTON, Justice. This is a petition to review the First District Court of Appeal s
decision...ime charged or is so substantial that it results in a discernible physical manifestation
and consequently may be an appropriate basis for departure.
216-CITE: 468 So.2d 370 Ricky J. CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: NIMMONS, Judge. Carter claims that his kidnapping conviction should be reversed because his
... 1261 (Fla. 1st DCA 1984), and find them to be distinguishable. AFFIRMED. MILLS, J., concurs.
PEARSON, TILLMAN, (Ret.) Associate Judge, dissents.
217-CITE: 623 So.2d 835 STATE of Florida, Appellant, v. Louis WEINSTEIN, Appellee.
TEXT: PER CURIAM. We reverse the order of the trial court granting appellee s motion to dismiss
pe...Accordingly, we reverse the order granting appellee s motion to dismiss, and remand for further
proceedings. GUNTHER, POLEN and KLEIN, JJ., concur.
218-CITE: 588 So.2d 585 James BARNES, Petitioner, v. STATE of Florida, Respondent.
TEXT: OVERTON, Justice. This is a petition to review Barnes v. State, 562 So.2d 729 (Fla. 3d DCA
1... creates a clear and convincing reason for departure. I would approve the decision below which
upholds the departure sentence. GRIMES, J., concurs.
219-CITE: 711 So.2d 197 Jason BRULFER, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Brulfer appeals his convictions for two counts of attempted aggravated
assa...74 So.2d 155 (Fla. 4th DCA 1996); Cedno v. State, 545 So.2d 495 (Fla. 3d DCA 1989).
AFFIRMED. DAUKSCH, J., and SCHEB, J. M., Senior Judge, concur.
220-CITE: 658 So.2d 626 Robert Emilio VALLADARES, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Valladares was tried and convicted of (1) attempted felony murder of a law
enfo...ction and remand for resentencing in regard to his convictions for grand theft and escape.
REVERSED and REMANDED. HARRIS and GRIFFIN, JJ., concur.
221-CITE: 529 So.2d 1186 Mathew Edward HAWRYLUK, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. Charged with the crime of attempted first degree murder by stabbing [the
vi... a second degree felony, and resentencing defendant on all counts accordingly. Sentences
VACATED and REMANDED. SHARP, C.J. and COWART, J., concur.
222-CITE: 597 So.2d 986 Richard WITHERSPOON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. As the state concedes, the sole point meriting discussion concerns the trial
cou...the foregoing errors contained in it. AFFIRMED IN PART; REMANDED IN PART. *987 LETTS and
GARRETT, JJ., and WALDEN, JAMES H., Senior Judge, concur.
223-CITE: 460 So.2d 508 T.J.T., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: HENDRY, Judge. Appellant, a juvenile, appeals from an adjudication of delinquency arising
fr...DCA), cert. denied, 376 So.2d 76 (Fla.1979); DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA
1978); Greer v. State, 354 So.2d 952 (Fla. 3d DCA 1978).
224-CITE: 742 So.2d 346 Peter Lind PAUL, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Peter Lind Paul [ defendant ] appeals his convictions in two consolidated cases
...d not on their personal beliefs, feelings or experiences. Kokal v. Dugger, 718 So.2d 138
(Fla.1998). AFFIRMED. PETERSON and THOMPSON, JJ., concur.
225-CITE: 703 So.2d 1250 Luis C. BORJAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm as to the first two points raised on appeal. Appellant s third point
c...ining a photocopy of the second amended information. Appellant has not objected to the court s
consideration of a photocopy in lieu of the original.
226-CITE: 473 So.2d 9 Donald R. BEGGS, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Defendant appeals a sentence imposed pursuant to the sentencing guidelines.
...oncur. ------------ (FN1) The Florida Bar: Amendment of Rules of Criminal Procedure (3.701,
3.988--Sentencing Guidelines), 451 So.2d 824 (Fla.1984).
227-CITE: 512 So.2d 1116 The STATE of Florida, Appellant, v. Lawrence JOHNSON, Appellee.
TEXT: PER CURIAM. The State of Florida appeals the trial court s downward departure from the
sente...tence and permit the defendant to withdraw his plea if he so chooses. See Davis, 464 So.2d
at 195; Jolly v. State, 392 So.2d 54 (Fla. 5th DCA 1981).
228-CITE: 701 So.2d 633 STATE of Florida, Appellant, v. Andrew SULLIVAN, Appellee.
TEXT: DANAHY, Acting Chief Judge. The appellant, the State of Florida, challenges the trial court
...ntencing the appellee received a term of probation and the scoresheet must be corrected in the
event he faces a future revocation of that probation.
229-CITE: 732 So.2d 402 STATE of Florida, Petitioner, v. Donald D. WOOD, Respondent.
TEXT: WEBSTER, J. The state seeks certiorari review of an order granting a criminal defendant s
mo...again consider that motion, subject to the correct law. CERTIORARI GRANTED; REVERSED and
REMANDED, with directions. BOOTH and JOANOS, JJ., CONCUR.
230-CITE: 498 So.2d 1020 Michael CARNEGIE, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. By this appeal, appellant argues that the court erred in
imposin...everse appellant s burglary sentence and remand for resentencing within the recommended
range of the guidelines. SCHOONOVER and LEHAN, JJ., concur.
231-CITE: 526 So.2d 63 STATE of Florida, Appellant, v. Willie POTTS, Jr., Appellee.
TEXT: BARKETT, Justice. We have on appeal Potts v. State, 526 S.2d 104 (Fla. 4th DCA 1987), which
...greater severity than one who is accused of no crime. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
232-CITE: 708 So.2d 607 Adolph James CHIPP, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Adolph James Chipp appeals an order denying his second motion under Florida
Rule...s (1991), enhances the level of felony where, among other things, defendant commits an
aggravated battery during commission of the underlying crime.
233-CITE: 473 So.2d 841 Ronald Paul HOWARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Howard appeals his conviction and sentence for sexual battery under Section
777....nt s second point to be without merit. See Dewberry v. State, 472 So.2d 792 (Fla. 1st DCA
1985). AFFIRMED. MILLS, SMITH and THOMPSON, JJ., concur.
234-CITE: 593 So.2d 1155 Lester FIRKEY, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. This court reversed appellant s first conviction for sexual battery of a child
...mand for resentencing within the guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla.1985).
REVERSED and REMANDED. ANSTEAD and LETTS, JJ., concur.
235-CITE: 692 So.2d 270 STATE of Florida, Appellant, v. Mary VANCE and Carl Woods, Appellees.
TEXT: PETERSON, Chief Judge. At 8:30 on a Sunday morning, Deputy Carlos Joseph s radio in his
patr...urt s order of suppression is reversed and the cause remanded for further proceedings. ORDER
REVERSED; REMANDED. DAUKSCH and GOSHORN, JJ., concur.
236-CITE: 687 So.2d 1357 Henry PAGE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Henry Page appeals an order denying a motion to correct illegal sentence under
F...m that Youthful Offender classification was mandatory in his case is incorrect. See State v.
Goodson, 403 So.2d 1337, 1339-40 (Fla.1981). Affirmed.
237-CITE: 680 So.2d 1146 Pablo Eduardo ARCIA, Petitioner, v. Donald MANNING, Director, Dade County
Department of Corrections, Respondent.
TEXT: PER CURIAM. After an abbreviated hearing, the trial court concluded that the defendant had
p...sh the revocation and remand for an immediate hearing consistent with this opinion. Habeas
corpus granted, bond revocation quashed, cause remanded.
238-CITE: 448 So.2d 84 Anthony HAYES, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from his conviction and sentence for second degree murder.
W... of the sentence to reflect the trial court s retention of jurisdiction over only one-third of
the sentence. OTT, C.J., and SCHOONOVER, J., concur.
239-CITE: 444 So.2d 498 Johnathan STEPHENS, Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, Judge. Appellant Johnathan Stephens urges us to reverse his judgment and sentence
... the basis of the foregoing authorities, we REVERSE appellant s judgment and sentence and REMAND
for a new trial. OTT, C.J., and LEHAN, J., concur.
240-CITE: 692 So.2d 264 Anthony Joseph FERREIRA, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. The appellant was convicted of first degree murder (FN1) and attempted
arme...ication was, at most, harmless error. State v. DiGuilio, 491 So.2d 1129 (Fla.1986). JUDGMENT
and SENTENCE AFFIRMED. DAUKSCH and COBB, JJ., concur.
241-CITE: 646 So.2d 827 Charles Edward POPE, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Charles Edward Pope ( Pope ) appeals his conviction and sentence for
robber...------------ (FN1) Section 812.13(2)(a), Fla.Stat. (1991). (FN2) Section 787.01(1)(a)(2),
Fla.Stat. (1991). (FN3) Section 775.084, Fla.Stat. (1991).
242-CITE: 501 So.2d 189 Cory Lamar WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction and sentence in a robbery case. While
we...lant s sentence remains within the trial court s discretion. SENTENCE QUASHED; REMANDED.
ORFINGER, J., concurs. COBB, J., concurs in result only.
243-CITE: 696 So.2d 1350 C.M., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, Judge. Appellant, C.M., a child, seeks review of the delinquency disposition order
...ndition of probation or community control. Cassamassima v. State, 657 So.2d 906, 909 (Fla. 5th
DCA 1995). AFFIRMED. WARNER and GROSS, JJ., concur.
244-CITE: 586 So.2d 1303 STATE of Florida, Appellant, v. Carlos MILBRO, Appellee.
TEXT: SCHEB, Acting Chief Judge. The state appeals the trial court s dismissal of the charge of
so...ma facie burden. Reversed. RYDER and PATTERSON, JJ., concur. ------------ (FN1) Sections
777.04(2) and 893.13 (1)(a)(1), Florida Statutes, (1990).
245-CITE: 691 So.2d 33 Carlos JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Carlos Jones, appeals his conviction for strong arm robbery and
resul...ser offense of the crime charged. See Section 924.34, Fla. Stat. (1993); Fla. Std.Jury
Instr. (Crim.) p. 295 (Schedule of Lesser Included Offenses).
246-CITE: 605 So.2d 983 Graciela HIEKE, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. The defendant was found guilty of solicitation to commit third degree murder.
...uded offenses of aggravated battery or battery as same were set forth on the verdict form.
REVERSED AND REMANDED. DOWNEY and ANSTEAD, JJ., concur.
247-CITE: 533 So.2d 763 Charles W. FERGUSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We have for review Ferguson v. State, 519 So.2d 747 (Fla. 4th DCA 1988),
be...mission of that crime either easier or substantially lessen the risk of detection. I therefore
respectfully dissent. SHAW and BARKETT, JJ., concur.
248-CITE: 637 So.2d 45 STATE of Florida, Appellant, v. Reginald Demond WILLIAMS, Appellee.
TEXT: FRANK, Chief Judge. The state has appealed the downward departure sentence imposed upon
Regi...n his involvement as a principal in the crime. Affirmed in part; reversed in part; and
remanded for resentencing. PARKER and LAZZARA, JJ., concur.
249-CITE: 666 So.2d 222 Lacretia Anne HOLLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This case raises issues identical to those discussed in Snyder v. State, 664
So....agreed to pay this fee as part of her plea agreement. Affirmed in part, reversed in part.
RYDER, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.
250-CITE: 523 So.2d 152 STATE of Florida, Petitioner, v. Stanley James BARTON, Respondent.
TEXT: GRIMES, Justice. We have for review Barton v. State, 507 So.2d 638 (Fla. 5th DCA 1987),
beca...rride the clear statement of legislative intent in section 775.021(4), Florida Statutes
(1983), that separate offenses shall be separately punished.
251-CITE: 491 So.2d 1243 D.L., Jr., a Child, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Appellant, a juvenile, appeals from an order determining him to
...cannot stand convicted of a crime for which he was not charged. Ray v. State, 403 So.2d 956
(Fla.1981). Reversed. HALL and SANDERLIN, JJ., concur.
252-CITE: 753 So.2d 668 Fentriss Royce WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Fentriss White (White) was charged and convicted of one count of first-degree
bu...810.02(2)(b), Florida Statutes (1997), and by committing burglary with an assault or battery in
violation of section 810.02(2)(a), Florida Statutes.
253-CITE: 579 So.2d 198 Richard Charles REED, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Judge. We affirm the appellant s conviction of DUI and leaving the scene of an
accide...his cause is remanded for resentencing consistent with this opinion. Affirmed in part;
reversed in part. SCHOONOVER, C.J., and DANAHY, J., concur.
254-CITE: 688 So.2d 388 Daniel Frank MOLINARI, Appellant, v. DEPARTMENT OF BUSINESS & PROFESSIONAL
REGULATION, Appellee.
TEXT: KLEIN, Judge. After pleading no contest to a crime, with adjudication of guilt withheld,
app...ocation of appellant s license. Holland v. Florida Real Estate Comm n, 352 So.2d 914 (Fla. 2d
DCA 1977). Reversed. SHAHOOD and GROSS, JJ., concur.
255-CITE: 707 So.2d 805 Andrew H. LEPAK, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Andrew Lepak appeals from his judgment and sentence for battery under
sect...the crime for which he was convicted are equal to the elements of the main offense).
Reversed and remanded. DANAHY, A.C.J., and FRANK, J., concur.
256-CITE: 578 So.2d 873 William COOTS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Coots appeals his conviction and sentence for grand theft. We reverse.
... legality of the sentence. Reversed and remanded with directions to discharge the appellant.
RYDER, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
257-CITE: 505 So.2d 1113 Robert W. CAHILL, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. Once again, we are called upon to review a departure from the
sen...ant s sentence and, reluctantly, once again remand for resentencing. Vacated and remanded for
resentencing. SCHOONOVER and SANDERLIN, JJ., concur.
258-CITE: 500 So.2d 604 Kenneth Shawn WILLIAMS Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. In departing from the recommended guidelines sentence of 4 1 2 to 5 1 2
yea...e and remand the case for resentencing. Albritton v. State, 476 So.2d 158 (Fla.1985).
SENTENCE VACATED, REMANDED. DAUKSCH and COWART, JJ., concur.
259-CITE: 721 So.2d 1201 Scott W. HOPKINS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Scott Hopkins timely appeals the summary denial of his pro se motion for
post-co...466 U.S. 668, 687, 689, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). AFFIRMED. GUNTHER and
TAYLOR, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
260-CITE: 537 So.2d 205 Richard Dial THORP, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. At sentencing, the trial judge factored a prior federal conviction into the
gu...aligned itself with Falzone in Brown v. State, 529 So.2d 1247 (Fla. 4th DCA 1988). We,
therefore, affirm. AFFIRMED. DELL and GUNTHER, JJ., concur.
261-CITE: 582 So.2d 814 Seabron SHERROD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Seabron Sherrod appeals the trial court s denial of his motions for mistrial.
We...ons for mistrial. Accordingly, we reverse and remand for a new trial. REVERSED AND REMANDED
for a new trial. DELL, GUNTHER and POLEN, JJ., concur.
262-CITE: 739 So.2d 1201 Paul MUNDELL, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Appellant, Paul Mundell, complains on appeal about certain comments of the
prose...t, supra; Mills v. State, 714 So.2d 1198 (Fla. 4th DCA 1998). AFFIRMED in part; REVERSED in
part; and REMANDED. W. SHARP and GOSHORN, JJ., concur.
263-CITE: 683 So.2d 1089 STATE of Florida, Appellant, v. Deleon Franklin TINSLEY, Appellee.
TEXT: W. SHARP, Judge. The state appeals from the trial court s order which granted Tinsley s
moti...rdless of human life, although without an premeditated design to effect the death of any
particular individual. Section 782.04(2), Fla.Stat. (1993).
264-CITE: 664 So.2d 1073 Robert F. SNYDER, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. Robert F. Synder appeals from his sentence for uttering a forged
instrumen...criminal case, and the names and social security numbers of the crime victim, state,
its local subdivisions, or aggrieved parties, as appropriate.
265-CITE: 570 So.2d 1388 Bernard JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SMITH, Judge. Appellant appeals his conviction for possession of cocaine, raising several
er...s about the nature of the convictions. Williams v. State, 511 So.2d 1017 (Fla. 2nd DCA 1987).
Appellant did not raise this as an issue in his brief.
266-CITE: 462 So.2d 457 Dude EMSHWILLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. This case is before us on petition to review Emshwiller v. State, 443 So.2d
3.... Language to the contrary in Tobe is disapproved. It is so ordered. BOYD, C.J., and ADKINS,
OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.
267-CITE: 614 So.2d 548 Barbara METCALF, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. The issue is whether a defendant, who otherwise would be discharged if
prosecu...ondemned in Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA 1992), rev. denied, 599 So.2d
1280 (Fla.1992) as a violation of constitutional due process.
268-CITE: 501 So.2d 164 Roosevelt HILL, Jr., a k a Junior, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Roosevelt Hill challenges his convictions, raising two issues on
appea...on to be without merit. See Sireci v. State, 399 So.2d 964 (Fla.1981), cert. denied, 456
U.S. 984, 102 S.Ct. 2257, 72 L.Ed.2d 862 (1982). Affirmed.
269-CITE: 512 So.2d 1073 In the Interest of J.C.B., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Appellant was charged with robbery under section 812.13, Florida Statutes
(...issues raised are found to be without merit and the trial court s findings are AFFIRMED in all
other respects. SMITH, C.J., and JOANOS, J., concur.
270-CITE: 597 So.2d 931 James BARNES, Appellant, v. The STATE of Florida, Appellee.
TEXT: On Remand PER CURIAM. In Barnes v. State, 562 So.2d 729 (Fla. 3d DCA 1990), this court
affi...n in Barnes v. State, 562 So.2d 729 (Fla. 3d DCA 1990). On remand, based upon the reasoning
stated herein, we affirm the departure sentence ordered.
271-CITE: 718 So.2d 258 Edward J. WEBBER, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Edward James Webber, Jr., appeals his conviction and sentence after having
... sentenced according to the guidelines but was habitualized. We affirm the conviction and
sentence. AFFIRMED. GRIFFIN, C.J., and GOSHORN, concur.
272-CITE: 523 So.2d 642 CARIBBEAN SHIP CHANDLER, INC., and Colonia Insurance Company, Appellants, v.
METROPOLITAN DADE COUNTY, Appellee.
TEXT: PER CURIAM. The trial court properly granted Dade County s motion to dismiss Caribbean Ship
...85); Reddish v. Smith, 468 So.2d 929 (Fla.1985); Wong v. City of Miami, 237 So.2d 132 (Fla.1970).
The order and judgment of dismissal is AFFIRMED.
273-CITE: 442 So.2d 392 Elbert B. SIPP, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction for sale of a substance in lieu of a
con...pport the charge. We make no decision as to the viability of any other prosecution. REVERSED
and REMANDED. ORFINGER, C.J., and COWART, J., concur.
274-CITE: 491 So.2d 1313 John Franklin DURRANT, Appellant, v. STATE of Florida, Appellee.
TEXT: OPINION DOWNEY, Judge. This is a timely appeal from a judgment of conviction and sentence
o...to the trial court with directions to resentence appellant according to law. REVERSED AND
REMANDED WITH DIRECTIONS. ANSTEAD and DELL, JJ., concur.
275-CITE: 537 So.2d 103 Roy Lynn FOREHAND, Petitioner, v. STATE of Florida, Respondent.
TEXT: McDonald, Justice. In Forehand v. State, 524 So.2d 1054 (Fla. 1st DCA 1988), the district
co... above and approve the decision of the district court. It is so ordered. EHRLICH, C.J., and
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
276-CITE: 516 So.2d 1142 Oscar Kay CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. This is the second appearance of this case before this court. (FN1) On
rema...83 So.2d 740 (Fla. 5th DCA 1986) where we held that the five separate sentences were
departure sentences for which written reasons must be supplied.
277-CITE: 578 So.2d 1102 Carlton BLACK, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We review Black v. State, 569 So.2d 942 (Fla. 4th DCA 1990), in which the court
...deration in light of our opinion in Gillion. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
278-CITE: 635 So.2d 983 Amon RICHARDS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant raises several points on appeal, one of which merits discussion, but
n... not amount to reversible error. The trial court properly denied appellant s motion for a
mistrial. GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.
279-CITE: 585 So.2d 1107 Richard Earl WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. We affirm appellant s convictions and sentences. We write briefly only to
e...apping. Here, as in Kirtsey, the confinement and movement of the victims was merely incidental
to the offense of robbery. I would therefore reverse.
280-CITE: 730 So.2d 830 Zackery HOLIDAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The issue raised in this appeal is whether the trial court erred fundamentally
b...v. State, 72 So.2d 353 (Fla. 4th DCA 1998), and accordingly certify conflict with that decision.
AFFIRMED. BOOTH, JOANOS and WEBSTER, JJ., CONCUR.
281-CITE: 469 So.2d 164 Michael SMALL, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant seeks review of the trial court s denial of his motion for
post-c...ertified copy of the jury verdict which makes a specific finding of the use of a firearm.
We, therefore, affirm. RYDER, C.J., and OTT, J., concur.
282-CITE: 510 So.2d 1158 Randall G. ANTOSH, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Randall G. Antosh from a conviction for the
m...ndant make a $2,500 charitable contribution to The Deed Club, which condition is hereby stricken
from the order of probation. Affirmed as modified.
283-CITE: 753 So.2d 760 Leon GRANT, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, C.J. Appellant Leon Grant was convicted of operating a chop shop, after parts of
sev...efendant s theory of events and sufficient to overcome the defendant s motion for judgment of
acquittal. Affirmed. GUNTHER and KLEIN, JJ., concur.
284-CITE: 643 So.2d 87 Raymond ALLEN, Jr., Appellant, v. The STATE of Florida, Appellee.
TEXT: BARKDULL, Judge. Appellant, Raymond Allen, Jr., seeks review of the trial court s entry of
j...nce for manslaughter with a firearm, but reverse the conviction and sentence for exhibition of a
deadly weapon. Affirmed in part, reversed in part.
285-CITE: 590 So.2d 1119 Anthony MORGAN, Appellant, v. STATE of Florida, Appellee.
TEXT: LETTS, Judge. On appeal, the defendant raises ten issues. We discuss only three of those
con...ase number 89-5644 CFB02. Accordingly, we remand this cause for resentencing. AFFIRMED IN
PART; REMANDED IN PART. WARNER and FARMER, JJ., concur.
286-CITE: 753 So.2d 703 James K. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Smith appeals from his judgment and sentence for armed robbery, (FN1) for
which...ut the burden of showing those exceptional facts were on Smith. *705 AFFIRMED; CONFLICT and
QUESTION CERTIFIED. PETERSON and GRIFFIN, JJ., concur.
287-CITE: 706 So.2d 109 A.T., Appellant, v. STATE of Florida, Appellee.
TEXT: MOORE, CECELIA M., Associate Judge. The trial court heard evidence showing that an
altercati... the appellant s 19th birthday. Affirmed in part, reversed in part, and remanded for
further proceedings. PATTERSON, A.C.J,, and BLUE, J., concur.
288-CITE: 532 So.2d 70 Marcus Deon SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Appellant, Marcus Deon Smith, appeals from a departure sentence imposed upon
h...the offenses were committed prior to the effective date of the 1987 amendment to Section
921.001(5), Florida Statutes, the amendment does not apply.
289-CITE: 591 So.2d 649 Marcus Emilio RIVAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Marcus Rivas appeals from an armed robbery conviction and sentence. We affirm
ap...0) and Pittman v. State, 572 So.2d 29 (Fla. 4th DCA 1990). AFFIRMED IN PART; REVERSED IN PART
and REMANDED. DELL, GARRETT and FARMER, JJ., concur.
290-CITE: 744 So.2d 1210 Ronnie D. LOWMAN, Petitioner, v. Michael W. MOORE, Secretary, Department of
Corrections, Respondent.
TEXT: PER CURIAM. Ronnie Lowman has filed a petition for writ of habeas corpus, which this court
t...granted; the trial court is directed to resentence Lowman in accordance with this opinion.
ALTENBERND, A.C.J., and BLUE and CASANUEVA, JJ., Concur.
291-CITE: 730 So.2d 837 Carmalin DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Carmalin Davis was charged with burglary of a conveyance pursuant to section
8...urden of demonstrating that a prejudicial error occurred in the trial court. ). Accordingly, we
affirm. AFFIRMED. GUNTHER and WARNER, JJ., concur.
292-CITE: 485 So.2d 5 Bobby Lamar REASE, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Rease appeals his 10-year sentence for possession of a firearm by by a
conv...n factors relating to off