Drunk Driving
Results 1-3059
1-CITE: 546 So.2d 798 STATE of Florida, Appellant, v. Elishua Joshua WRIGHT, Appellee.
TEXT: NIMMONS, Judge. The state appeals from an order dismissing three of the four counts
charging... 1988); Douglas v. State, 349 So.2d 694 (Fla. 1st DCA 1977). Accordingly, the order of
dismissal is REVERSED. THOMPSON and WIGGINTON, JJ., concur.
2-CITE: 501 So.2d 72 Steven Douglas BEWICK, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. Bewick appeals his felony conviction on two counts of driving while
intoxic...and what it means. The trial court read the statute correctly and properly denied the
motion to dismiss. AFFIRMED. DAUKSCH and COBB, JJ., concur.
3-CITE: 683 So.2d 565 Michael RUFFIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: GREEN, Judge. On this appeal, Michael Ruffin makes two challenges to his conviction and
sent...s in support of aggravation and mitigation of any proposed sentence. Neither side was
permitted to cross-examine any persons making such statements.
4-CITE: 555 So.2d 391 The STATE of Florida, Appellant, v. Jessie Lee MILLER, Appellee.
TEXT: NESBITT, Judge. The state appeals an order granting a motion to suppress results of a blood
...ida. We thus answer the certified question in the affirmative and reverse and remand the case
for further proceedings consistent with this opinion.
5-CITE: 682 So.2d 218 Robert Gordon HOSFORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Gordon Hosford appeals, arguing that two of his three DUI convictions
vio...es and driving with a suspended, revoked or cancelled license. REVERSED and REMANDED with
instructions. DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.
6-CITE: 579 So.2d 771 BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Appellant, v. Norbert L. MING,
Appellee.
TEXT: PER CURIAM. Appellant, Blue Cross and Blue Shield of Florida, Inc., issued a health and
acci... Raymond v. Halifax Hospital Medical Center, 466 So.2d 253 (Fla. 5th DCA 1985). REVERSED AND
REMANDED. COWART, GRIFFIN and DIAMANTIS, JJ., concur.
7-CITE: 756 So.2d 1035 John KNIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAHOOD, J. Appellant was found guilty by a jury of DUI manslaughter leaving the scene of
an... s conviction must be reversed. See State v. DiGuilio, 491 So.2d 1129, 1139 (Fla.1986).
REVERSED AND REMANDED WARNER, C.J., and GROSS, J., concur.
8-CITE: 477 So.2d 1030 STATE of Florida, Petitioner, v. Brian Goodman McGARRY, Respondent.
TEXT: LEHAN, Judge. The state has filed a petition for a writ of certiorari from the order of the
...county court s factual determination that valid consent existed. The order of the circuit court
is vacated. GRIMES, A.C.J., and FRANK, J., concur.
9-CITE: 610 So.2d 480 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. Magaly DECHEONA and Jamie
Samuels, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff Government Employees Insurance Company
[GEICO...considered the defendant Decheona s contrary argument on this point, as well as other
points, but are not persuaded thereby. Reversed and remanded.
10-CITE: 448 So.2d 1196 James D. ZINK, Petitioner, v. STATE of Florida, Respondent.
TEXT: WIGGINTON, Judge. By petition for writ of certiorari, Zink seeks review of the circuit
court...l pedestrian and all other traffic upon the streets and highways and elsewhere throughout
the state where the public might have the right to travel.
11-CITE: 534 So.2d 1213 Alfred Vernon KOHLER, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a conviction and sentence for felony driving while
un...riving record proved the requisite prior DUI convictions and the conviction and sentence are
affirmed. AFFIRMED. ORFINGER and DANIEL, JJ., concur.
12-CITE: 540 So.2d 193 Felix PULASKI, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Felix Pulaski appeals the denial of his motion to correct sentence. We affirm.
...victions. Both result in a second conviction for the same offense, justifying a longer
suspension. Affirmed. SCHEB, A.C.J., and RYDER, J., concur.
13-CITE: 723 So.2d 842 STATE of Florida, Appellant, v. Jesse FURR, Appellee.
TEXT: KAHN, J. The State brings this appeal from an order of the circuit court suppressing
appelle...or a felony or a breach of the peace. See Edwards. We REVERSE the order on appeal and
REMAND for further proceedings. ERVIN and MINER, JJ., concur.
14-CITE: 740 So.2d 554 STATE of Florida, Appellant, v. Gregory Alan MORRIS, Appellee.
TEXT: LAWRENCE, Judge. The State appeals the dismissal of an amended information charging Gregory
...ADOVANO, JJ., concur. ------------ (FN1) The trial court properly dismissed another count. We
affirm the dismissal of that count without discussion.
15-CITE: 705 So.2d 634 STATE of Florida, Appellant, v. Gregory Alan MORRIS, Appellee.
TEXT: LAWRENCE, Judge. The State appeals the dismissal of an amended information charging Gregory
...ADOVANO, JJ., concur. ------------ (FN1) The trial court properly dismissed another count. We
affirm the dismissal of that count without discussion.
16-CITE: 665 So.2d 1066 Laurentino Bravo SALAZAR, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, Judge. While driving under the influence of alcohol and with a suspended driver
s...s such, I would affirm. At the very least, we should certify the question to the supreme court
as Judge Harris suggests in his dissent to Melbourne.
17-CITE: 737 So.2d 1120 Pedro J. SENTENO, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. The appellant, Pedro J. Senteno, challenges his judgments and sentences
f... affirmed. *1121 Affirmed in part, reversed in part, and sistant Attorney General, West Palm
remanded. CAMPBELL, A.C.J., and STRINGER, J., Concur.
18-CITE: 586 So.2d 1229 Hank H. BERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. Appellant was charged with aggravated battery. The victim of the battery
test...d. See Gardner v. State, 480 So.2d 91 (Fla.1985). REVERSED WITH DIRECTIONS. GLICKSTEIN,
C.J., and STREITFELD, JEFFREY E., Associate Judge, concur.
19-CITE: 567 So.2d 950 STATE of Florida, Appellant, v. Mark Edward NEUMANN, Appellee.
TEXT: GARRETT, Judge. The State appeals the trial judge s granting of appellee s motion to
suppres...cert. denied, -- U.S. --, 109 S.Ct. 1577, 103 L.Ed.2d 942 (1989). Thus, adhering to well
established principles of appellate review, I would affirm.
20-CITE: 631 So.2d 1094 Timothy BOUTWELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We review Boutwell v. State, 625 So.2d 1215 (Fla. 4th DCA 1993), because of
conf...rate offenses are committed against each of the persons who suffer serious bodily injuries as
a result thereof. I would approve the decision below.
21-CITE: 455 So.2d 655 STATE of Florida, Petitioner, v. Gregory P. FORRER, Respondent.
TEXT: ON PETITION FOR WRIT OF CERTIORARI FRANK D. UPCHURCH, Jr., Judge. The State of Florida
seek...e used at trial. We therefore GRANT the petition for writ of certiorari and QUASH the order
of the circuit court. DAUKSCH and COWART, JJ., concur.
22-CITE: 747 So.2d 1007 The STATE of Florida, Appellant, v. Otis GREEN, Appellee.
TEXT: PER CURIAM. The state appeals an order granting the defendant s motion to dismiss and
reduci...h a suspended license and remand with directions to reinstate the charge of unlawful
driving as a habitual traffic offender. REVERSED and REMANDED.
23-CITE: 493 So.2d 71 Terry Ray THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Terry Ray Thompson appeals the trial court s upward departure from the
sent...ependent reason for departure. *72 The sentence is REVERSED and REMANDED to the trial court
for resentencing. THOMPSON and WIGGINTON, JJ., concur.
24-CITE: 503 So.2d 1354 Benton Joseph THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Benton Joseph Thompson, appeals from a judgment and
senten...e, 498 So.2d 943 (Fla.1986). We, accordingly, reverse and remand for a new trial. Reversed
and remanded. RYDER, A.C.J., and SANDERLIN, J., concur.
25-CITE: 728 So.2d 769 Sandra DUBUS and Dina Dubus Jackson, as Personal Representative of the Estate of
Gary Dubus, Deceased, Appellants, v. Dennis Ray PIETZ and Hill-Kelly Leasing, Inc., Appellees.
TEXT: LAWRENCE, J. We have for review an order granting Hill-Kelly Leasing, Incorporated
(Hill-Kel...ict on compensatory damages. We affirm the trial court s order insofar as it grants a
new trial on punitive damages. WOLF and WEBSTER, JJ., CONCUR.
26-CITE: 660 So.2d 1118 STATE of Florida, Appellant, v. Barbara GINN, Appellee.
TEXT: FARMER, Judge. We have before us an order from the county court of Broward County certified
...ining arguments. Her equal protection challenge is largely identical to the due process
arguments. REVERSED. GUNTHER, C.J., and STONE, J., concur.
27-CITE: 492 So.2d 1136 Carl William HALLMAN, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Carl Hallman seeks review by certiorari of a decision of the circuit court
sitti... the county court to vacate Hallman s second conviction for driving with a suspended
license. GRIMES, A.C.J., and SCHOONOVER and HALL, JJ., concur.
28-CITE: 598 So.2d 213 Phyllis Ricco BOZEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Phyllis Ricco Bozeman appeals her convictions and sentences for possession of
co...g in accordance with the law in *214 effect at the time the appellant committed the offenses.
PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.
29-CITE: 478 So.2d 825 Sherry WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a manslaughter conviction and a conviction for
leavin...REMANDED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. ------------ (FN1) Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
30-CITE: 673 So.2d 197 John Edward MAGEE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Magee appeals his judgments and sentences which were imposed by the trial
c...22.34, 775.082(4)(b), Fla.Stat. (1993). JUDGMENTS AFFIRMED; SENTENCES AFFIRMED as CORRECTED.
PETERSON, C.J., and W. SHARP and ANTOON, JJ., concur.
31-CITE: 656 So.2d 223 Keith DAVIDSON, Petitioner, v. Cynthia Z. MACKINNON, Circuit Court Judge, etc.,
Respondent.
TEXT: W. SHARP, Judge. After Davidson refused to submit to a breathalyzer test, an administrative
...rive. PETITION DENIED. GRIFFIN and THOMPSON, JJ., concur. ------------ (FN4) Senate Staff
Analysis and Economic Impact Statement on SB 5-A (1989).
32-CITE: 503 So.2d 356 Kelvin Everett ESTEEN, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. After defendant s motion to suppress evidence was denied, a jury trial
resu...rtify to the Supreme Court of Florida the same question certified in Yost. AFFIRMED AS
MODIFIED. QUESTION CERTIFIED. COBB and COWART, JJ., concur.
33-CITE: 718 So.2d 314 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Maxton Elroy
LEONARD, Respondent.
TEXT: W. SHARP, Judge. Petitioner, Department of Highway Safety & Motor Vehicles (the Department
...ri is granted and the trial court s order quashed. Petition for Writ of Certiorari GRANTED;
Order QUASHED. GRIFFIN, C.J., and PETERSON, J. concur.
34-CITE: 669 So.2d 1089 STATE of Florida, Appellant, v. Robert Glenn ROWELL, Appellee.
TEXT: PER CURIAM. The State of Florida appeals the trial court s decision to withhold
adjudication...adjudication of guilt, then Rowell would have to be given an opportunity to withdraw
the plea. See State v. Scott, 611 So.2d 596 (Fla. 2d DCA 1993).
35-CITE: 462 So.2d 581 Robert B. EDWARDS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GLICKSTEIN, Judge. Petitioner seeks review by writ of certiorari of the circuit court s
affi....m. on July 22, 1983, when petitioner was behind the wheel, drunk, on a public highway.
DELL, J., concurs. WALDEN, J., concurs in conclusion only.
36-CITE: 708 So.2d 664 Thomas M. CHAMBERS, Appellant, v. STATE of Florida, Appellee.
TEXT: FARMER, Judge. In Chambers v. State, 682 So.2d 615 (Fla. 4th DCA 1996), we reversed
defendan...own determination as to whether the violation has prejudiced the defendant. AFFIRMED.
WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
37-CITE: 738 So.2d 1023 Angel COLON, Appellant, v. STATE of Florida, Appellee.
TEXT: ROTHSCHILD, RONALD J., Associate Judge. We affirm appellant s conviction for two counts of
d...lly de minimis. See Sanders v. State, 621 So.2d 723, 728 (Fla. 5th DCA 1993). Affirmed in part;
reversed in part. SHAHOOD and TAYLOR, JJ., concur.
38-CITE: 696 So.2d 849 Edwin JACOBS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Edwin Jacobs appeals his convictions and sentences for fleeing to elude,
reckles...LTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur. ------------ (FN1) Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
39-CITE: 510 So.2d 1147 Jackie E. JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: TILLMAN PEARSON, Associate Judge (Retired). Florida Highway Patrol officers found Jackie E.
...ction 316.003, Fla.Stat. (1985). We therefore reverse appellant s conviction and direct her
discharge. REVERSED. ZEHMER and BARFIELD, JJ., concur.
40-CITE: 571 So.2d 75 Robert John BALTRUS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Defendant Baltrus ( Baltrus ) appeals the circuit court s reversal of
...tate the county court s decision on the grounds that the county judge had no choice under the
limited and undisputed facts but to grant a dismissal.
41-CITE: 688 So.2d 429 Keith WALLACE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Keith Wallace appeals from convictions of two counts of aggravated assault on a
... disregard for the safety of others necessary to establish reckless driving. LaValley, 633 So.2d
at 1127-28. Reversed and remanded for a new trial.
42-CITE: 616 So.2d 457 Syndi R. TRACTON a k a CINDY TRACTON, Appellant, v. CITY OF MIAMI BEACH and
Regina C. Siedentopf, Appellees.
TEXT: PER CURIAM. In this appeal from an order issued pursuant to an adverse jury verdict in an
ac...f the arrest, blood alcohol tests and a videotape taken two hours later are not relevant to
that issue, and were properly excluded. I would affirm.
43-CITE: 688 So.2d 468 Lisa THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. On the record presented, the state erroneously filed a nolle prosequi of the
dri... under the influence charge. The judgment *469 and sentence for driving under the influence
are reversed. FARMER, STEVENSON and GROSS, JJ., concur.
44-CITE: 723 So.2d 389 STATE of Florida, Appellant, v. L.J.R., a child, Appellee.
TEXT: PER CURIAM. The State appeals from a final disposition order which suspends L.J.R. s driver
...r tobacco offense. Accordingly, we affirm the six-month suspension of L.J.R. s driving
privileges. Affirmed. ALTENBERND and SALCINES, JJ., Concur.
45-CITE: 714 So.2d 607 Carlos Orlando GRANDISON, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Appellant Carlos Grandison raises two points on appeal. Grandison was
convicted...FIRMED in part, REVERSED in part and REMANDED for a new trial on the charge of battery
on a police officer. BARFIELD, C.J., and JOANOS, J., concur.
46-CITE: 692 So.2d 932 Tyrone HAMILTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. We affirm Hamilton s judgment and sentences for reckless driving, driving
...tion number 28 to reflect court costs and fines in the amount of $748, as orally pronounced at
sentencing. PARKER, A.C.J., and LAZZARA, J., concur.
47-CITE: 660 So.2d 1063 STATE of Florida, Appellant, v. Gregory R. LAMOUREUX, Appellee.
TEXT: WHATLEY, Judge. The state challenges a trial court order dismissing one of two counts of
dri...ject information and remand the instant cause for reinstatement of that charge. Reversed and
remanded. SCHOONOVER, A.C.J., and PARKER, J., concur.
48-CITE: 704 So.2d 134 Michael A. BRUNO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole issue in this appeal from a drug charge is whether the trial court
erre.... REVERSED and REMANDED with directions that the drug charge and sentence be vacated. ERVIN
and KAHN, JJ., concur. BENTON, J., concurs in result.
49-CITE: 731 So.2d 816 Leonard Alexander GRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, J. Florida recognizes two types of reduced mental capacity defenses. First, there
is...19 the reason, the state s response was not improper under the circumstances. AFFIRMED.
ANTOON, J., concurs. GOSHORN, J., concurs in result only.
50-CITE: 504 So.2d 47 STATE of Florida, Appellant, v. Joan Robinson NUGENT and Paul Lincoln Roberts,
Appellees.
TEXT: LETTS, Judge. The State appeals from an order granting a motion to suppress the seizure of
1...State v. Anderson, 479 So.2d 816 (Fla. 4th DCA 1985) which we distinguish because in Anderson
there was no odor of cannabis nor a suspended license.
51-CITE: 752 So.2d 1260 Cindy Unita WOOD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals her convictions and sentences for felony driving under the
inf... and REMAND for resentencing because a public defender fee was imposed upon a defendant with
private counsel. JOANOS, MINER and DAVIS, JJ., CONCUR.
52-CITE: 539 So.2d 583 Raymond BONDS, Jr., Raymond Bonds, Sr. and Goldie Bonds, Appellants, v. Wayne S.
FLEMING, Appellee.
TEXT: COBB, Judge. The issue on this appeal is whether the driver of an automobile has a legal
dut...briation where at the time he was old enough to operate a dangerous instrumentality under
Florida law. AFFIRMED. ORFINGER and COWART, JJ., concur.
53-CITE: 702 So.2d 1327 Virginia WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This appeal arises from the appellant s conviction and sentence for felony
drivi...te, 661 So.2d 380, 381 (Fla. 1st DCA 1995). Reversed and remanded for a new sentencing
hearing. STONE, C.J., and WARNER and PARIENTE, JJ., concur.
54-CITE: 552 So.2d 270 Jeff RUISE, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant pled nolo contendere to possession of cocaine in violation of
Se... driving privileges for a period of one year. Compare Callahan v. State, 550 So.2d 79 (Fla. 2d
DCA 1989). SHIVERS, C.J., and WENTWORTH, J., concur.
55-CITE: 452 So.2d 147 Lillian M. OLSEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. After reviewing the briefs and record on appeal in this case, we find the
appell... with Jenkins. We affirm the trial court s judgments and sentences in all other respects.
BOARDMAN, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.
56-CITE: 632 So.2d 228 STATE OF FLORIDA, Appellant, v. Dennis Jerome GODWIN, Appellee.
TEXT: PER CURIAM. The state appeals an order dismissing a two count information filed against
appe...and remand for further proceedings consistent with this opinion. Reversed and remanded.
RYDER, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
57-CITE: 506 So.2d 495 STATE of Florida, Appellant, v. Luis Felipe CARRILLO, Appellee.
TEXT: COBB, Judge. The state timely appeals an order granting a motion to suppress made by
appelle...demeanor offense in the officer s presence. DISCRETIONARY REVIEW ACCEPTED; ORDER OF
SUPPRESSION QUASHED. UPCHURCH, C.J., and ORFINGER, J., concur.
58-CITE: 559 So.2d 104 William Lloyd NICHOLS, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. William Lloyd Nichols pleaded nolo contendere to uttering forged
...es for six years is reversed and remanded for proceedings consistent with this opinion. Reversed
and remanded. DANAHY and THREADGILL, JJ., concur.
59-CITE: 528 So.2d 1169 Ernest Lee ROMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAW, Justice. Ernest Lee Roman, under sentence of death and execution warrant, appeals the
...k, the inability to impeach Reese with his prior statement becomes significant. Hence, I concur
that a new trial is required. OVERTON, J., concurs.
60-CITE: 531 So.2d 961 STATE of Florida, Petitioner, v. Pedro PEREZ, Respondent.
TEXT: EHRLICH, Chief Justice. We have for our review State v. Perez, 510 So.2d 1144 (Fla. 2d DCA
1...judge safety standards, and take other actions to minimize drunk driving accidents--whether
third parties are involved or not. GRIMES, J., concurs.
61-CITE: 750 So.2d 756 Beate Roswitha WOLF, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Beate Roswitha Wolf was orally sentenced to time served for driving with a
suspe...v. State, 708 So.2d 617 (Fla. 5th DCA 1998). SENTENCE VACATED IN PART; AFFIRMED IN PART;
REMANDED. ANTOON, C.J., HARRIS and PETERSON, JJ., concur.
62-CITE: 488 So.2d 114 Vernon Tyrone YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant, defendant below, was found guilty after a jury trial of
vehicular...could not have resulted in convictions. Accordingly, appellant s judgment and sentence
is hereby AFFIRMED. BOOTH, C.J., and WIGGINTON, J., concur.
63-CITE: 627 So.2d 123 Stanley LUKAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stanley Lukas appeals the judgment and sentence rendered following the jury
verd...AFFIRMED in part; REVERSED in part; and REMANDED. GOSHORN, PETERSON and GRIFFIN, JJ.,
concur. ------------ (FN1) Section 316.193, Fla.Stat. (1991).
64-CITE: 685 So.2d 894 Christopher WHITEHEAD, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Whitehead appeals from his sentence imposed after entering into a plea
agre...r resentencing. Sentence VACATED; REMANDED for resentencing. COBB and THOMPSON, JJ.,
concur. ------------ (FN1) Section 316.192, Fla.Stat. (1995).
65-CITE: 634 So.2d 160 THE FLORIDA BAR, Complainant, v. JOHN DOE, (FN1) Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...spondent s name. It is so ordered. OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur.
BARKETT, C.J., and KOGAN, J., concur in result only.
66-CITE: 549 So.2d 195 Enrique VASQUEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Enrique Vasquez appeals judgments of conviction and an upward departure
sentence...t have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985).
Accordingly, the sentence under review is affirmed. Affirmed.
67-CITE: 742 So.2d 834 STATE of Florida, Appellant, v. Johnny A. MOORE, Jr., Appellee.
TEXT: CAMPBELL, Judge. The State challenges the trial court order granting Appellee s motion to
di...627 So.2d 1314 (Fla 2d DCA 1993). The motion to dismiss should have been denied. Accordingly,
we reverse. PATTERSON, C.J. and SALCINES, J., Concur.
68-CITE: 700 So.2d 44 STATE of Florida, Appellant, v. Hani S. BANOUB, Appellee.
TEXT: PER CURIAM. The State appeals the trial court s order suppressing the results of a
blood-alc...e test results. Reversed and remanded for further proceedings in accordance with this
opinion. FRANK, A.C.J., and LAZZARA and FULMER, JJ., concur.
69-CITE: 561 So.2d 685 David J. PARRISH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The state concedes, and we agree, that it was error for the trial court to
enter... Count II and remand with directions that such conviction be vacated, and affirm in all
other respects. ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.
70-CITE: 635 So.2d 999 STATE of Florida, Appellant, v. Johnny PUGH, Appellee.
TEXT: ALTENBERND, Judge. The state appeals an order granting Mr. Pugh s motion to suppress
evidenc...2d DCA 1992) (arrest for suspended driver s license permits search of vehicle). Reversed
and remanded. SCHOONOVER, A.C.J., and FULMER, J., concur.
71-CITE: 508 So.2d 1258 STATE of Florida, Petitioner, v. Martha BENYEI, Respondent.
TEXT: COWART, Judge. The state seeks a writ of certiorari to review the circuit court s reversal
o..., 188 So.2d 817 (Fla.1966); State v. Goodwyn, 24 Fla. Supp. 9 (Fla. 11th Cir.Ct.1964). (FN2) See
State v. McIntyre, 393 So.2d 16 (Fla. 2d DCA 1980).
72-CITE: 468 So.2d 961 Kathy Jean DUVALL, etc., et al., Petitioners, v. CITY OF CAPE CORAL, Respondent.
TEXT: OVERTON, Justice. We approve the decision of the Second District Court of Appeal reported
as...v. Williard, I would hold that the city is not sovereignly immune from suit, quash the district
court decision, and affirm the trial court judgment.
73-CITE: 471 So.2d 182 The STATE of Florida, Appellant, v. Juan LAPPIN, Appellee.
TEXT: BASKIN, Judge. The state charged Lappin with reckless driving and aggravated assault on a
po...coupled with an apparent ability to do so, and doing some act which creates a well-founded fear
in such other person that such violence is imminent.
74-CITE: 589 So.2d 1382 STATE of Florida, Appellant, v. Daniel LARCOMB, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Harris v. State, 352 So.2d 1269 (Fla. 2d DCA 1977). ANSTEAD, J.
c...lity, and it is rather strong probability. I therefore would reverse the order granting the
motion to suppress. Accordingly, I respectfully dissent.
75-CITE: 633 So.2d 1126 Khanh D. LAVALLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Chief Judge. Khanh D. LaValley was charged with aggravated assault in the following
...16.192(1), Florida Statutes (1991). *1128 the willful and wanton disregard for the safety of
others. AFFIRMED. W. SHARP and THOMPSON, JJ., concur.
76-CITE: 687 So.2d 52 George HERTZSCHUCH, Appellant, v. The STATE of Florida, Appellee.
TEXT: FLETCHER, Judge. George Hertzschuch appeals the circuit court s dismissal of his petition
fo...one in relation to DUI injury to persons. Accordingly, the circuit court s dismissal of
Hertzschuch s petition for writ of prohibition is affirmed.
77-CITE: 571 So.2d 485 William D. STEWART, Petitioner, v. STATE of Florida, Respondent.
TEXT: SCHEB, Judge. William D. Stewart seeks a petition for writ of certiorari to review a
judgmen...order. Accordingly, we grant the petition for writ of certiorari and vacate the order of
restitution. SCHOONOVER, C.J., and THREADGILL, J., concur.
78-CITE: 755 So.2d 842 STATE of Florida, Appellant, v. Mark ATKINSON, Gary Bernau, Ray Allen Tanguay,
et al, Appellees.
TEXT: COBB, J. The Volusia County court dismissed pending DUI cases against multiple defendants
on...verse the dismissal orders of the county court, and remand for further proceedings consistent
with this opinion. DAUKSCH and THOMPSON, JJ., concur.
79-CITE: 528 So.2d 436 Roderick ROUNDTREE, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Roderick Roundtree appeals his sentences for three counts of DUI manslaughter,
...ingly, we reverse the appellant s sentence and remand this cause for resentencing within the
guidelines. SCHOONOVER, A.C.J., and LEHAN, J., concur.
80-CITE: 714 So.2d 570 Donald R. BOZEMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Appellant raises a number of issues in this appeal from his conviction and
sent...oncurring specially. Only because of the particular facts contained in the record at bar, I
concur in the result reached by my esteemed colleagues.
81-CITE: 730 So.2d 818 Abraham LIPSKY and King s Transportation Group, Inc., etc., Appellants, v. Amie
Elizabeth PADGETT, etc., Appellee.
TEXT: COBB, J. This appeal concerns the validity of a verdict obtained by the representative of
th...gligence in Florida, but the issue here is the existence vel non of a legal duty at the time of
injury, not the relative fault of different parties.
82-CITE: 723 So.2d 390 STATE of Florida, Appellant, v. M.A.G., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
suspen...hway, Safety and Motor Vehicles to suspend M.A.G. s driving privileges for two years.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
83-CITE: 648 So.2d 1220 STATE of Florida, Appellant, v. Jerry GREGORY, Appellee.
TEXT: RYDER, Acting Chief Judge. The State of Florida seeks review of the trial court s dismissal
... charge is not barred by double jeopardy. We reverse and remand for further prosecution.
Reversed and remanded. PATTERSON and FULMER, JJ., concur.
84-CITE: 716 So.2d 318 Rafael Manuel MORERA, Jr. and Rafael Manuel Morera, Sr., Appellants, v. Petrona
Elba CASTELLON, Roberto Castellon and Elba Castellon, Appellees.
TEXT: SORONDO, Judge. Rafael Manuel Morera, Jr. and Rafael Manuel Morera, Sr. (collectively
Morera...2d DCA 1996). We reverse and remand for a new trial. ------------ (FN1) The evidence is
undisputed that it was Castellon who broadsided Morera, Jr.
85-CITE: 710 So.2d 678 Danny Ray HINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Danny Ray Hinson, appeals his conviction and sentence for felony
driv...--- (FN1) Appellant argues that although witnesses for the state testified that he was
driving on the paved portion of the highway at all times, the
86-CITE: 597 So.2d 770 Carl Andrew HAAS, Petitioner, v. STATE of Florida, Respondent.
TEXT: GRIMES, Justice. We review Haas v. State, 567 So.2d 966 (Fla. 5th DCA 1990), in which the
co...issent in part and would remand this case to the trial court with instructions to vacate the
DUBAL convictions and sentences. BARKETT, J., concurs.
87-CITE: 509 So.2d 1387 Frank Phillip MILLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals the lower court s final judgment adjudicating him guilty of
D....ving the jury of its inherent pardon power. We therefore reverse and remand for a new trial.
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
88-CITE: 726 So.2d 380 STATE of Florida, Appellant, v. Rudolph WICHMANN, Jr., Appellee.
TEXT: CAMPBELL, Acting Chief Judge. The State challenges the trial court order finding that
sectio...have found *383 the statute constitutional in any event, we decline to answer the certified
question and reverse. THREADGILL and BLUE, JJ., Concur.
89-CITE: 745 So.2d 414 Thomas WEST, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Thomas West appeals his convictions for the crimes of DUI manslaughter and
drivi...ony of their expert, Dr. Berkland, alone satisfies the State s burden. We find no error and
affirm. AFFIRMED. ANTOON, C.J. and HARRIS, J., concur.
90-CITE: 617 So.2d 412 Edward ROBINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. Edward Robinson appeals his convictions for carrying a concealed weapon and
dri...and driving while license suspended or revoked. Reversed with directions consistent with this
opinion. DANAHY, A.C.J., and SCHOONOVER, J., concur.
91-CITE: 723 So.2d 389 STATE of Florida, Appellant, v. P.J.A., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
suspen...ect, the Department should give P.J.A. credit for the time his license was suspended.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
92-CITE: 559 So.2d 416 Norris HUBBARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. The sole issue presented in this appeal is whether the trial court, at
senten...operator s or chauffeur s conviction of any of the following offenses: . . . . (3) Any
felony in the commission of which a motor vehicle is used.
93-CITE: 605 So.2d 568 Lisa COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, Judge. Collins appeals from her judgment and sentence for DUI manslaughter, (FN1)
...ess driving is a misdemeanor, Section 316.192. Since DUI Manslaughter is the highest degree
crime, it would stand and the others would be set aside.
94-CITE: 715 So.2d 317 SCARLETT O HARA S, INC., Appellant, v. SPHERE DRAKE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH, J., concurs. GRIFFIN, C.J., and HARRIS, J., concur and
conc...who then negligently operates the vehicle; the action is still for injuries resulting from
the use of an automobile and is excluded from the policy.
95-CITE: 601 So.2d 1341 STATE of Florida, Petitioner, v. Gary Lee CARTER and The Honorable Russell A.
Cole, Jr., Respondents.
TEXT: SHIVERS, Judge. The state s petition for writ of mandamus is GRANTED. State v. Wager, 599
So...ror in the withholding of adjudication of guilt as to the other offense, driving with a
suspended or revoked license. MINER and ALLEN, JJ., concur.
96-CITE: 700 So.2d 1253 STATE of Florida, Appellant, v. Scott Leslie MILLER, Appellee.
TEXT: MICKLE, Judge. The state appeals an order 1) granting Appellee Scott L. Miller s motion to
d...order of dismissal is REVERSED, and the cause REMANDED, with directions to reinstate the
five-count information. WEBSTER and LAWRENCE, JJ., concur.
97-CITE: 611 So.2d 1260 Timothy FREEMAN, Dani Enix, Christopher Gordon, Mary R. Kinkle, Denise
Lindemann, Jeanette McMorris, David Neason, Jim Onitveros, David Rabassi, David A. Rose and Gary
Espey, Petitioners, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. The petitioners have filed a petition for writ of certiorari seeking review of
t...ot depart from the essential requirements of law. The petition for writ of certiorari is denied.
DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
98-CITE: 438 So.2d 133 WEST FLORIDA DISTRIBUTORS and Federal Insurance Company, Appellants, v. Sharon
A. LARAMIE, Appellee.
TEXT: JOANOS, Judge. This is an appeal from a deputy commissioner s order awarding death benefits
...e in significantly different circumstances. In all respects the deputy commissioner s order is
AFFIRMED. LARRY G. SMITH, and NIMMONS, JJ., concur.
99-CITE: 580 So.2d 656 Patricia DEJEREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse and remand for a new trial on the authority of Wilhelm v. State, 568
...e trial court s evidentiary rulings and our reversal renders moot the issues raised concerning
sentencing. ANSTEAD, WARNER and FARMER, JJ., concur.
100-CITE: 468 So.2d 413 GAR-CON DEVELOPMENT, INC., Appellant, v. STATE of Florida, DEPARTMENT OF
ENVIRONMENTAL REGULATION, Appellee.
TEXT: THOMPSON, Judge. Appellant seeks review of an administrative order of the Department of
Envi...terms of the rule. (FN1) ------------ (FN1) Excavate . . .: to form a cavity or hole in . . .
. Webster s Third New International Dictionary (1981).
101-CITE: 743 So.2d 1187 Francis FERRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted of D.U.I. and appeals on three grounds. He argues that
t...dant evidence of appellant driving under the influence. We therefore affirm. WARNER, C.J.,
STONE, J., and COX, CYNTHIA L., Associate Judge, concur.
102-CITE: 744 So.2d 1090 Michael Wayne REED, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, J. We affirm Reed s sentence which includes a provision for the permanent suspension
...nd Reed s driving privileges. Therefore, we find that the trial judge properly suspended Reed s
driver s license. KLEIN and STEVENSON, JJ., concur.
103-CITE: 722 So.2d 259 STATE of Florida, Appellant, v. M.L.R., a child, Appellee.
TEXT: PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which
direct...hway, Safety and Motor Vehicles to suspend M.L.R. s driving privileges for two years.
Reversed and remanded. ALTENBERND and SALCINES, JJ., Concur.
104-CITE: 600 So.2d 509 Matthew WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Williams was convicted for selling a $10 cocaine rock within 1,000 feet of
schoo...rial. ------------ (FN1) Driving while a license is under suspension is a second-degree
misdemeanor punishable by up to sixty days of incarceration.
105-CITE: 590 So.2d 486 Jonathan SCHOTTEL, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Jonathan Schottel appeals his judgments and sentences, arguing that the
trial...d remand to the trial court to vacate that portion of Schottel s sentence suspending his
driver s license. RYDER, A.C.J., and CAMPBELL, J., concur.
106-CITE: 579 So.2d 373 Brent Keith DEVINEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The sole issue on appeal is whether the charge of misdemeanor driving under the
...e reversed as to count I. Upon *374 remand, an amended judgment and sentence shall be entered as
to count II. DOWNEY, STONE and POLEN, JJ., concur.
107-CITE: 501 So.2d 1388 Robert GULLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, PETER D., Associate Judge. Appellant, defendant below, appeals his conviction for
v...stimony regarding the results of the blood alcohol test shall be permitted. REVERSED AND
REMANDED, WITH DIRECTIONS. LETTS and WALDEN, JJ., concur.
108-CITE: 734 So.2d 1075 Edward E. NOBLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct appeal, Edward E. Nobles challenges a judgment and departure
sent...al court to impose a sentence within the guidelines. Wyche v. State, 576 So.2d 884 (Fla. 1st
DCA 1991). KAHN, BENTON and VAN NORTWICK, JJ., CONCUR.
109-CITE: 731 So.2d 680 Reginald WELLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Reginald Wells (Wells) was convicted of two counts of battery on a law
enforceme...ted. We affirm the judgments and sentences for all other offenses. AFFIRMED in part and
REVERSED in part. MINER, MICKLE and LAWRENCE, JJ., concur.
110-CITE: 516 So.2d 90 James G. TAUBE, Appellant Cross-Appellee, v. FLORIDA KEYS AQUEDUCT AUTHORITY and
County of Monroe Career Service Council, Appellees Cross-Appellants.
TEXT: JORGENSON, Judge. James Taube, a permanent employee of the Florida Keys Aqueduct Authority
(...aube s drinking and driving. In view of our disposition, we need not address the issue of Taube
s back pay. Reversed and remanded with directions.
111-CITE: 432 So.2d 797 Lonnie Edell CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Lonnie Edell Carter, has appealed from an order denying
hi...onstitute a taking into custody sufficient to commence the running of the speedy trial rule.
Gagel v. Cornelius, 380 So.2d 1333 (Fla. 5th DCA 1980).
112-CITE: 442 So.2d 331 STATE of Florida, Appellant, v. Francis PAGACH, Appellee.
TEXT: GRIMES, Judge. The state appeals from an order of the county court suppressing evidence of
a...emand this cause to the county court for further proceedings consistent with this opinion.
REVERSED. BOARDMAN, A.C.J., and SCHOONOVER, J., concur.
113-CITE: 462 So.2d 102 Donald WILLIARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donald Williard appeals a conviction and sentence for DWI-manslaughter. We
affir...DCA 1984), and Higgs v. State, 455 So.2d 451 (Fla. 5th DCA 1984). AFFIRMED. GRIMES,
A.C.J., LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
114-CITE: 710 So.2d 720 Maxine DEVERS-LOPEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Appellant, Maxine Devers-Lopez (DeversLopez), was convicted of driving under
t...atus conference. Based on this express finding, we affirm as to this issue. REVERSED AND
REMANDED FOR NEW TRIAL. GLlCKSTEIN and DELL, JJ., concur.
115-CITE: 648 So.2d 805 DADE COUNTY SCHOOL BOARD and Alexsis, Inc., Appellants, v. Johnnie GRIER,
Appellee.
TEXT: PER CURIAM. This appeal arises from an order of the judge of compensation claims (JCC)
award...care benefits during non-crisis periods is reversed. All other aspects of the JCC s order
are affirmed. ZEHMER, C.J., BOOTH and DAVIS, JJ., concur.
116-CITE: 668 So.2d 1034 Kenneth Michael STABLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was charged with driving under the influence of alcoholic beverages.
H...21 So.2d 578 (Fla. 3d DCA 1993). This cause is hereby TRANSFERRED to the Escambia County
circuit court. MINER, WOLF and VAN NORTWICK, JJ., concur.
117-CITE: 519 So.2d 34 Ladislao LAMAZARES, Appellant, v. RINKER SOUTHEASTERN MATERIALS CORP., and
Liberty Mutual Insurance Company, Appellees.
TEXT: PER CURIAM. The deputy commissioner denied wage loss benefits for the period commencing
with...aimant attempted to persuade the other employee to lie by corroborating claimant s story that
he aggravated his hand injury while driving the truck.
118-CITE: 603 So.2d 1349 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. William C. DeSHONG, Respondent.
TEXT: ALTENBERND, Judge. The State of Florida, Department of Highway Safety and Motor Vehicles
(th...e Department s petition and quash the circuit court s order that reinstated Mr. DeShong s
driving privileges. PARKER, A.C.J., and BLUE, J., concur.
119-CITE: 511 So.2d 1116 Daniel Tate BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: RYDER, Acting Chief Judge. The charges in this case arose out of an automobile accident in
w...nd sentence for manslaughter and *1118 remand the case with instructions that appellant be
discharged. Reversed. HALL and THREADGILL, JJ., concur.
120-CITE: 550 So.2d 31 The STATE of Florida, Appellant, v. William MANNO, Appellee.
TEXT: PER CURIAM. William Manno was charged with manslaughter (Count I) and manslaughter by
operat...ause the cause of death was disputed, Manno was entitled to the instruction he requested.
Accordingly, the decision of the trial court is affirmed.
121-CITE: 743 So.2d 165 Ronald W. LEDLOW, Appellant, v. STATE of Florida, Appellee.
TEXT: STEVENSON, J. Ronald W. Ledlow, the appellant, pled nolo contendere to misdemeanor DUI
(coun...unt I may not exceed the maximum set forth in sections 316.193(2)(a) and (6)(a), Florida
Statutes (Supp.1998). WARNER, C.J., and STONE, J., concur.
122-CITE: 547 So.2d 1037 Brian Parker HANLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Finding that the warrantless search of the motor vehicle which the appellant
was... So.2d (Fla.1972); Pafford v. State, 281 So.2d 51 (Fla. 1st DCA 1973). SMITH and MINER, JJ.,
and PEARSON, TILLMAN (Ret d), Associate Judge, concur.
123-CITE: 615 So.2d 219 Gregory HALUSKA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. For the offense of driving while license suspended, the defendant was sentenced
... issues on appeal are without merit and are affirmed. SENTENCE VACATED; CAUSE REMANDED.
PETERSON and GRIFFIN, JJ., COWART, Judge, Retired, concur.
124-CITE: 523 So.2d 568 THE FLORIDA BAR, Complainant, v. Marvin S. DAVIS, Respondent.
TEXT: PER CURIAM. This cause is before the Court for consideration of the findings and
recommendat...2,442.39, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
125-CITE: 436 So.2d 191 Russell G. CAVERLY, Appellant, v. STATE of Florida, Appellee.
TEXT: HOBSON, Acting Chief Judge. Russell Caverly was charged with driving a motor vehicle while
u...34(4), Florida Statutes (Supp.1982). With the clarification, we deny the motion for rehearing.
HOBSON, A.C.J., and BOARDMAN and SCHEB, JJ., concur.
126-CITE: 431 So.2d 343 William Douglas BOND, Appellant, v. STATE of Florida, Appellee.
TEXT: BOARDMAN, Acting Chief Judge. William Douglas Bond appeals his placement on probation for
th...trial court s order denying appellant s motion to suppress and the order placing appellant on
probation are AFFIRMED. RYDER and LEHAN, JJ., concur.
127-CITE: 613 So.2d 548 Robert M. SPICER, Petitioner, v. Honorable J. Jefferson OVERBY, Circuit Judge,
of the 16th Judicial Circuit, in and for Monroe County, Florida, Respondent.
TEXT: ON PETITION FOR WRIT OF PROHIBITION PER CURIAM. Robert M. Spicer seeks a writ of
prohibitio...tion. ). Thus, we grant prohibition and quash the capias without prejudice to the state
filing an information. Prohibition granted; capias quashed.
128-CITE: 578 So.2d 30 Alton COLLINS, Appellant, v. STATE of Florida, Appellee.
TEXT: HERSEY, Chief Judge. Appellant, Alton Collins, appeals from multiple convictions and
sentenc...hose counts; in all other respects we affirm. AFFIRMED IN PART; REVERSED IN PART;
REMANDED. POLEN, J., and WALDEN, JAMES H., Senior Judge, concur.
129-CITE: 553 So.2d 1331 Narcisco RODRIGUEZ, Appellant, v. ThE STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the appellant s convictions because he was charged, in effect, with
t... defendant. Reversed and remanded with directions. (FN1) ------------ (FN1) No rehearing time
will be allowed and the mandate will forthwith issue.
130-CITE: 600 So.2d 551 James Dale BAUMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Bauman appeals his judgment and sentences for felony driving under the
inf...tute). Reversed in part and remanded for further proceedings consistent with this opinion.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
131-CITE: 569 So.2d 1368 Douglas WILLIAMSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Defendant Douglas Williamson (Williamson) appeals the trial court s
se...be heard. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. WALDEN and GUNTHER, JJ., concur.
DELL, J., concurs in conclusion only without opinion.
132-CITE: 667 So.2d 497 SAFEWAY INSURANCE COMPANY, Appellant, v. Joseph Henry SEGURA, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Safeway Insurance Company from a final
judgme...t under review is reversed and the cause is remanded to the trial court with directions to
conduct a new trial in the cause. Reversed and remanded.
133-CITE: 634 So.2d 742 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
James H. TREMMEL, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, State of Florida, Department of Highway Safety and
...mandamus issued by the trial court is reversed and the cause remanded for treatment consistent
with this opinion. THREADGILL and BLUE, JJ., concur.
134-CITE: 723 So.2d 313 Michael Patrick MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant challenges his convictions of aggravated fleeing or attempting to
elud...ell, 719 So.2d 1245, 23 Fla.L.Weekly D2348 (Fla. 1st DCA 1998). AFFIRMED. MINER and
LAWRENCE, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.
135-CITE: 642 So.2d 25 STATE of Florida, Appellant Cross-Appellee, v. Raffaele ESPOSITO, Appellee
Cross-Appellant.
TEXT: STEVENSON, Judge. Raffaele Esposito was convicted of vehicular homicide. The trial court
den...in this case does present a prima facie case. See McCreary v. State, 371 So.2d 1024
(Fla.1979); Hamilton v. State, 439 So.2d 238 (Fla. 2d DCA 1983).
136-CITE: 597 So.2d 862 STATE of Florida, Appellant, v. R.N., a Child, Appellee.
TEXT: PETERSON, Judge. The state appeals the trial court s decision not to order the revocation
of...r imposition of the revocation of R.N. s driving privileges pursuant to section 562.111(2).
REVERSED and REMANDED. COWART and HARRIS, JJ., concur.
137-CITE: 753 So.2d 593 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Bernard W.
OLIVIE, Respondent.
TEXT: PER CURIAM. Petitioner, Department of Highway Safety and Motor Vehicles, petitions for a
Wri.... 3d DCA 1996). Accordingly, we grant certiorari and quash the Order under review thereby
reinstating the suspension of respondent s driver license.
138-CITE: 597 So.2d 767 Jessie Lee MILLER, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We have for review State v. Miller, 555 So.2d 391 (Fla. 3d DCA 1989), which
cert...ibility, in other words, is a question entirely distinct from the due process requirement of
proof beyond a reasonable doubt. BARKETT, J., concurs.
139-CITE: 538 So.2d 553 Leo Kelvin JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. The defendant, Leo Kelvin Johnson, appeals his convictions for trafficking
and...e defendant s convictions and sentences on the trafficking and driving with a suspended
license counts. CAMPBELL, C.J., and THREADGILL, J., concur.
140-CITE: 599 So.2d 687 Ronnie UPSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Ronnie Upshaw, contends the trial court erred in revoking his
probati...oncession, we must reverse and remand with instructions that appellant s probation be
reinstated. CAMPBELL, A.C.J., and HALL and BLUE, JJ., concur.
141-CITE: 723 So.2d 324 STATE of Florida, Petitioner, v. Scott HEMMERLY, Respondent.
TEXT: ANTOON, J. The state petitions this court to issue a writ of certiorari quashing the
circuit... when the offense has been committed in his presence. Petition for Writ of Certiorari
GRANTED; decision QUASHED. GOSHORN and THOMPSON, JJ, concur.
142-CITE: 648 So.2d 1244 Brooks Wimbey McADAM, Petitioner, v. STATE of Florida, Respondent.
TEXT: ALTENBERND, Judge. Brooks McAdam seeks certiorari review of th e circuit court order
affirmi...a DWAI conviction in Colorado is a similar alcohol related offense under section
316.193(6) and that the appellant s sentence was properly enhanced.
143-CITE: 714 So.2d 677 Christopher MUNRO, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. We affirm the conviction for aggravated fleeing and eluding under section
3...g, aggravated fleeing and eluding, and at least two instances of resisting a law enforcement
officer. AFFIRMED. DAUKSCH and PETERSON, JJ., concur.
144-CITE: 610 So.2d 467 STATE of Florida, Appellant, v. Starla BUCHANON, Appellee.
TEXT: PER CURIAM. The sole evidence to support the law enforcement officer s probable cause to
ord...of this test are inadmissible because this drunk driver caused a serious, rather than a minor,
accident. I would reverse this order of suppression.
145-CITE: 453 So.2d 175 Rafael Louis RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Acting Chief Judge. Once again we are required to interpret custody for purposes of
...uence, we have no alternative but to set aside Appellant s conviction and direct that he be
discharged. REVERSED. SCHEB and CAMPBELL, JJ., concur.
146-CITE: 475 So.2d 1268 STATE of Florida, Petitioner, v. Jared Martin HERSTIK, Respondent.
TEXT: PER CURIAM. The State of Florida seeks review by petition for writ of common law certiorari
...writ without prejudice to the trial court to reconsider this matter, upon proper motion.
CERTIORARI GRANTED. LETTS, DELL and BARKETT, JJ., concur.
147-CITE: 710 So.2d 110 David CARTER, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. The issue in this case, which is one of first impression in Florida, is
whethe... a first DUI violation in Florida, up to six months incarceration, is clearly more severe
than what could qualify as an infraction under Morissette.
148-CITE: 622 So.2d 984 John ALLRED, Petitioner, v. STATE of Florida, Respondent. Richard DiANDREA, II,
Petitioner, v. STATE of Florida, Respondent.
TEXT: SHAW, Justice. We review State v. Allred, 602 So.2d 1326, 1326 (Fla. 4th DCA 1992); and
Stat...96 U.S. 582, 110 S.Ct. 2638, 110 L.Ed.2d 582 (1990), the petitioners responses should have
been suppressed in the absence of prior Miranda warnings.
149-CITE: 662 So.2d 1297 Louis J. KEPLAR, Appellant, v. HARTLINE and Insurance Servicing & Adjusting
Corp., Appellees.
TEXT: PER CURIAM. The claimant, Louis J. Keplar, began working for the employer, Hillsborough
Area...for the same employer and, on remand, the JCC should consider this evidence. REVERSED and
REMANDED. ZEHMER, C.J., and ALLEN and KAHN, JJ., concur.
150-CITE: 523 So.2d 1261 Daniel QUILES, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Daniel Quiles, was tried before a jury and was found guilty of
t... appellant s conviction and remand to the trial court for a new trial. Reversed and remanded
for a new trial. SCHEB, A.C.J., and HALL, J., concur.
151-CITE: 517 So.2d 65 Anthony BARRITT, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Anthony Barritt appeals the order of final judgment and sentence in which he
...g during a trial on vehicular homicide, it commits reversible error? Reversed and remanded for
new trial. SMITH, C.J., and WENTWORTH, J., concur.
152-CITE: 696 So.2d 409 Curtis OLLMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PADOVANO, Judge. Curtis Ollman, the defendant, appeals his convictions for driving under
the...ial. The defendant is entitled to a new Faretta hearing according to the principles expressed
in Bowen. Reversed. MINER and LAWRENCE, JJ., concur.
153-CITE: 721 So.2d 1201 Hosie BROWN, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, C.J. We affirm Appellant s conviction for trafficking in cocaine. Appellant
challenge...d not form the basis for a founded suspicion necessary to support an investigatory stop.
KLEIN, J. and OWEN, WILLIAM C., Jr., Senior Judge, concur.
154-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.
155-CITE: 651 So.2d 206 David RUFFIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Acting Chief Judge. David Ruffin appeals from an order withholding adjudication
a... at the scene, but it was not inevitable. Thus, we reverse the order denying Ruffin s motion to
suppress. Reversed. BLUE and LAZZARA, JJ., concur.
156-CITE: 734 So.2d 437 Brian W. NASH, etc., et al., Appellants, v. GENERAL MOTORS CORPORATION, etc., et
al., Appellees.
TEXT: JORGENSON, Judge. Appellant, Brian Nash, as the personal representative of the Estate of
Mar...Realty, Inc., 536 So.2d 260 (Fla. 3d DCA 1989); United Technologies Communications Co. v.
Industrial Risk Insurers, 501 So.2d 46 (Fla. 3d DCA 1987 .
157-CITE: 557 So.2d 637 C.O., a juvenile, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The juvenile, C.O., was charged by a petition for delinquency with burglary of
a...7742 N.W. 5th Court on January 15th. See C.B. v. State, 519 So.2d 686 (Fla. 3d DCA 1988); J.G.
v. State, 539 So.2d 39 (Fla. 3d DCA 1988). Reversed.
158-CITE: 585 So.2d 495 STATE of Florida, Appellant, v. David Russell TOWNSEND, III, Appellee.
TEXT: HARRIS, Judge. On May 15, 1990 Deputy Collins saw a vehicle speed past him on Pine Hill
Road... consistent with Rumph v. State, 544 So.2d 1150 (Fla. 5th DCA 1989). REVERSED and REMANDED
for further proceedings. COBB and GRIFFIN, JJ., concur.
159-CITE: 484 So.2d 77 James W. HOLMES, Appellant, v. Robert H. BONANNO, County Judge, Hillsborough
County, Appellee.
TEXT: PER CURIAM. James Holmes petitions this court for a writ of certiorari to review a decision
...concur. ------------ (FN1) In a non-jury trial jeopardy attaches when the court begins to hear
evidence. Bernard v. State, 261 So.2d 133 (Fla.1972).
160-CITE: 596 So.2d 499 STATE of Florida, Appellant, v. Rodrick C. COATNEY, Appellee.
TEXT: JOANOS, Chief Judge. Appellee Rodrick C. Coatney pled nolo contendere to a felony charge of
...ronounce adjudication of guilt in accordance with the provisions of section 316.656(1), Florida
Statutes (1989). SHIVERS and BARFIELD, JJ., concur.
161-CITE: 526 So.2d 931 Carl RANDOLPH, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. This appeal is from a judgment and sentence after a jury trial finding
app...trial, defendant testified he was not intoxicated and that anyone who said he was was lying.
*934 give the requested charge, if error, was harmless.
162-CITE: 711 So.2d 1321 Dennis W. TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, M., Senior Judge. Defendant appeals from an order of the trial court revoking his
.... State, 678 So.2d 890 (Fla. 4th DCA 1996); Jacobs v. State, 668 So.2d 294 (Fla. 1st DCA 1996).
AFFIRMED. GRIFFIN, C.J., and W. SHARP, J., concur.
163-CITE: 502 So.2d 43 Glen Russell IRONS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. GUNTHER, J., dissents with opinion. GUNTHER, Judge, dissenting. I
r... infer that the Alabama license had been unlawfully issued. I would reverse as to Count I and
remand for execution of sentence as to Count II only.
164-CITE: 742 So.2d 820 William David CARROLL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this direct criminal appeal, appellant raises two sentencing errors: (1)
that...or resentencing as to those counts. Otherwise, the judgment and sentence is affirmed.
VACATED and REMANDED. WOLF, DAVIS and BROWNING, JJ., CONCUR.
165-CITE: 686 So.2d 721 Nadine PEARSON, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. Nadine Pearson appeals her sentence for two counts of driving under the
infl...On remand, the state may seek to reimpose these two costs. Affirmed in part, reversed in
part and remanded. FRANK, A.C.J., and PARKER, J., concur.
166-CITE: 633 So.2d 1128 Russell Dean RIGDON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Senior Judge. Following a trial by jury, Russell Dean Rigdon was found guilty of
11...ld have properly been excluded under section 90.403, Florida Statutes, as being confusing or
misleading. AFFIRMED. WOLF and LAWRENCE, JJ., concur.
167-CITE: 698 So.2d 318 STATE of Florida, Appellant, v. Thomas James LINE, Appellee.
TEXT: FARMER, Judge. Defendant pleaded guilty to his sixth DUI offense and his fifth driving with
...nes without providing written reasons. We remand for resentencing within the guidelines.
GUNTHER, J., and MAY, MELANIE G., Associate Judge, concur.
168-CITE: 654 So.2d 291 The STATE of Florida, Appellant, v. Melvin MATHEWS, et al., Appellees.
TEXT: PER CURIAM. In each of these cases, the State of Florida asks this court to review a final
o... U.S. at -- - --, 113 S.Ct. at 2856-69. Accordingly, the cases under review are reversed and
remanded for proceedings consistent with this opinion.
169-CITE: 742 So.2d 420 Djuana GARVEY, n k a Djuana Garvey Sparks, Appellant, v. Jean BARNES, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Djuana Garvey Sparks, challenges the final
judgment...rmined that Sparks was 40% at fault and Morrell was 60% at fault. The evidence supports
that finding and we affirm. WHATLEY and DAVIS, JJ., Concur.
170-CITE: 568 So.2d 931 Pamela Anne ST. GEORGE, as Personal Representative of the Estate of Bruno
Cattoretti, Appellant, v. CITY OF DEERFIELD BEACH, a Municipality of the State of Florida, Appellee.
TEXT: ON REHEARING PER CURIAM. On cross-motions for rehearing, we deny the motion of appellee
Cit...lic, exposing them without protection to risk resulting in actual injury). GLICKSTEIN and
POLEN, JJ., concur. LETTS, J., dissents without opinion.
171-CITE: 450 So.2d 580 FRANKLIN AMBULANCE SERVICE, Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Appellee.
TEXT: MILLS, Judge. Franklin Ambulance Service, Inc. (Service) appeals from a final order of the
D...ephone access by the public and kept false records are also supported by competent substantial
evidence. AFFIRMED. SMITH and NIMMONS, JJ., concur.
172-CITE: 700 So.2d 731 Michael CHEEK, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order of restitution in a driving with a
suspended...mstances, I would affirm. ------------ (FN1) The significant relationship also applies
to this restitution provision. See J.O.S., 689 So.2d at 1064.
173-CITE: 651 So.2d 191 STATE of Florida, Appellant, v. Arthur L. SUMMERS, Appellee.
TEXT: THREADGILL, Judge. The state appeals an order of the Collier County Court that declares
sect...refore reverse the order declaring section 316.193(6)(d), Florida Statutes (Supp.1994),
unconstitutional. CAMPBELL, A.C.J., and QUINCE, J., concur.
174-CITE: 436 So.2d 1062 Carl PASS, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Appellant appeals an order revoking his probation and sentencing him to three
...or the trial court to reconsider the sentence imposed. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. HOBSON, A.C.J., and CAMPBELL, J., concur.
175-CITE: 512 So.2d 337 The STATE of Florida, Appellant, v. Kenneth BARNES, Appellee.
TEXT: PER CURIAM. This is an appeal by the state from a pretrial order suppressing a blood
alcohol...not affect the admissibility of a test of blood withdrawn for medical purposes. Section
316.1932(1)(f)(2), Fla.Stat. (1985). Reversed and remanded.
176-CITE: 580 So.2d 890 Dallas PRICE, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Judge. Defendant, Dallas Price, in separate jury trials, was convicted of grand
theft... we vacate the judgments and sentences and remand for further proceedings consistent with
this opinion. SCHOONOVER, C.J., and CAMPBELL, J., concur.
177-CITE: 490 So.2d 1300-1306 Susan Frances HEIDRICH and Kenneth E. Harrell, Appellants, v. STATE of
Florida, ex rel. the Honorable Wetzel BLAIR, as County Judge in and for Madison County, Appellee.
TEXT: PER CURIAM. These cases are before us on consolidated appeals from two orders denying
defend...ulties were impaired, whether in a municipality or not, shall be entitled to a trial by
jury according to the Florida Rules of Criminal Procedure.
178-CITE: 749 So.2d 516 Freddie WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. Freddie Wilson appeals his judgments and sentences which were imposed by the
tr...and proved reckless driving in a separate count? This question reveals the concerns defendants
should have with the argument advanced by Mr. Wilson.
179-CITE: 560 So.2d 422 John R. OUSLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, Judge. We agree with the appellant s contention that an uncounseled misdemeanor
con...deration in the proper cell without the uncounseled misdemeanor conviction. In all other
respects, we affirm. HERSEY, C.J., and LETTS, J., concur.
180-CITE: 684 So.2d 879 Escras GOMEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, Judge. Escras Gomez pled guilty to aggravated assault with a deadly weapon, driving
w...those improper costs, and then argue on appeal that the trial court committed reversible error
in imposing them). FARMER and PARIENTE, JJ., concur.
181-CITE: 468 So.2d 993 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Petitioner, v.
William H. MECK, Respondent.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The State of Florida, Department of Highway Safety and Motor
...usia Hospital Corp. v. National Union of Hospital Employees, 429 So.2d 1232 (Fla. 5th DCA 1983).
Writ DENIED. COBB, C.J., and DAUKSCH, J., concur.
182-CITE: 708 So.2d 322 STATE of Florida, Appellant, v. M.A.P., a Child, Appellee.
TEXT: PER CURIAM. The State appeals the sentence imposed upon the appellee, M.A.P., after he pled
...he failure to do so constitutes reversible error. Reversed and remanded for resentencing.
CAMPBELL, A.C.J., and ALTENBERND and GREEN, JJ., concur.
183-CITE: 590 So.2d 1029 STATE of Florida, Appellant, v. Joseph H. WHITAKER, Appellee.
TEXT: JOANOS, Chief Judge. The state seeks review of the trial court s denial of its motion to
cor...tions to pronounce adjudication of guilty in accordance with the mandatory requirement set
forth in section 316.656(1). WOLF and KAHN, JJ., concur.
184-CITE: 685 So.2d 995 M.K.T., A Child, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. M.K.T., a juvenile, has appealed her convictions for armed trespass while
armed...riving privileges entered by the trial court on March 8, 1996. AFFIRMED IN PART; REVERSED
IN PART; AND REMANDED. HARRIS and THOMPSON, JJ., concur.
185-CITE: 596 So.2d 768 Vicente H. URIBE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Vicente H. Uribe, while driving without a valid license, drove into the rear
...e is blank. (FN2) On remand, the trial court might wish to consider whether section 775.089(5),
Florida Statutes (1991) is appropriate in this case.
186-CITE: 656 So.2d 499 Ben D. LIVINGSTON, Appellant, v. TUCKER CONSTRUCTION & ENGINEERING, INC. and
Florida Unemployment Appeals Commission, Appellees.
TEXT: WHATLEY, Judge. The appellant, Ben D. Livingston, challenges an order of the Unemployment
Ap...r receipt of unemployment compensation benefits. Accordingly, the instant case is reversed and
remanded. DANAHY, A.C.J., and CAMPBELL, J., concur.
187-CITE: 505 So.2d 1361 Tracy BROXSON, Appellant, v. State of Florida, Appellee.
TEXT: PER CURIAM. Appellant Tracy Broxson seeks review of his conviction and sentence on charges
o...s aware of what was happening, conclude the trial court erred in failing to instruct the jury on
voluntary intoxication and would reverse point two.
188-CITE: 717 So.2d 617 Thomas WOOD, Appellant, v. STATE of Florida, Appellee.
TEXT: WEBSTER, Judge. Appellant was charged in county court with driving a motor vehicle while
his...tment of Bus. & Prof l Regulation, 695 So.2d 357 (Fla. 4th DCA), review denied, 698 So.2d 839
(Fla.1997). AFFIRMED. JOANOS and ALLEN, JJ., concur.
189-CITE: 752 So.2d 6 Edner MICHEL and Fritz Joseph, Appellants, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, J. Edner Michel [ Michel ] and Fritz Joseph [ Joseph ] appeal their convictions
for...at defendants knowingly drove the vehicle under circumstances that would likely cause the
death of another. AFFIRMED. W. SHARP, and PETERSON, JJ.,
190-CITE: 687 So.2d 30 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Julie McCaskill
SMITH, Respondent.
TEXT: KAHN, Judge. The Department of Highway Safety and Motor Vehicles (Department) seeks a writ
o...rari, QUASH the order under review, and direct the circuit court to enter an order upholding the
suspension. BARFIELD, C.J., and DAVIS, J., concur.
191-CITE: 634 So.2d 1074 STATE of Florida, Petitioner, v. Harold COOPER, Respondent.
TEXT: McDONALD, Justice. We review Cooper v. State, 621 So.2d 729, 732 (Fla. 5th DCA 1993),
becaus... approve the decision of the district court of appeal. It is so ordered. BARKETT, C.J.,
and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
192-CITE: 483 So.2d 528 Kenneth ROBERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant appeals his sentence because the trial court exceeded the
recommen...ce is quashed and this cause remanded for resentencing in accordance with the guidelines.
REVERSED and REMANDED. UPCHURCH and COWARD, JJ., concur.
193-CITE: 654 So.2d 1280 George HAGES, Appellant, v. HUGHES ELECTRICAL SERVICE, INC. and Liberty Mutual
Insurance Co., Appellees.
TEXT: PER CURIAM. The claimant appeals a workers compensation order in which the judge of
compensa...at the claimant was not driving the vehicle for purposes other than work. Reversed.
ZEHMER, C.J., BARFIELD, J., and SHIVERS, Senior Judge, concur.
194-CITE: 729 So.2d 534 The STATE of Florida, Appellant, v. Douglas PELICANE, Appellee.
TEXT: PER CURIAM. The State appeals the trial court s refusal to adjudicate the defendant,
Douglas...cordingly, because the State failed to prove that this defendant had three prior DUI
convictions, the judgment entered below is affirmed. Affirmed.
195-CITE: 477 So.2d 1088 John PILLA, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant was convicted of driving while his license was suspended. He was
se...ons, and to sentence appellant in accordance with the foregoing authorities. REVERSED AND
REMANDED with directions. LETTS and HURLEY, JJ., concur.
196-CITE: 509 So.2d 382 EVAC AMBULANCE, etc., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, et al.,
Appellees.
TEXT: UPCHURCH, Chief Judge. The employer, EVAC Ambulance, appeals from a judgment awarding
unempl...eferee and the commission erroneously concluded that the paramedic was entitled to
unemployment benefits. REVERSED. SHARP and COWART, JJ., concur.
197-CITE: 691 So.2d 535 Viktor LESCHKA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal from convictions and sentences for aggravated battery and false
i...rovide a defense to a general intent offense. Linehan, 476 So.2d at 1264. DANAHY, A.C.J.,
WHATLEY, J., and ROSMAN, JAY B., Associate Judge, concur.
198-CITE: 704 So.2d 1155 Robert MITCHELL, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We grant the petition for writ of certiorari. The trial court failed to
instruct...conviction and sentence, and remand to the trial court for further proceedings consistent
with this opinion. POLEN, SHAHOOD and GROSS, JJ., concur.
199-CITE: 751 So.2d 749 Paul L. ANDERSON, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES, Respondent.
TEXT: PETERSON, J. Paul Anderson petitions for a writ of certiorari that would order the circuit
c...ng that it had no authority to issue the stay. WRIT DENIED. DAUKSCH and COBB, JJ., concur.
------------ (FN1) Ch. 99-248, Section 45, Laws of Fla.
200-CITE: 580 So.2d 324 Demetrius McDOUGAL, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Defendant appeals from the denial of his motion to suppress cocaine found on
h...ein v. State, 521 So.2d 371 (Fla. 2d DCA 1988). Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and PARKER, J., concur.
201-CITE: 734 So.2d 483 Carl SHINGLEDECKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Carl Shingledecker was convicted of driving under the influence and driving
whil...); Czubak v. State, 570 So.2d 925, 928 (Fla.1990). Accordingly, we affirm appellant s
convictions. AFFIRMED. DELL, SHAHOOD and GROSS, JJ., concur.
202-CITE: 563 So.2d 728 The STATE of Florida, Appellant, v. Douglas CARTER, Appellee.
TEXT: PER CURIAM. Appellee, Douglas Carter, was charged with driving under the influence in
violat...d purpose. Accordingly, we grant certiorari, quash the order under review, and remand the
case for further proceedings consistent with this opinion.
203-CITE: 600 So.2d 526 Roy PENNANT, Appellant, v. STATE of Florida, Appellee.
TEXT: THREADGILL, Judge. Roy Pennant appeals his convictions and guideline departure sentences
ste... convictions. We reverse the departure sentences and remand for resentencing within the
sentencing guidelines. RYDER, A.C.J., and BLUE, J., concur.
204-CITE: 737 So.2d 1121 STATE of Florida, Appellant, v. Pequita L. GOSIER, a k a Piquita L. Gosier,
Appellee.
TEXT: SCHACK, LARRY, Associate Judge. The defendant in this case was charged with felony level
dri...ea and sentencing. *1124 she declines to do so, for the imposition of a guidelines sentence.
REVERSED AND REMANDED. GROSS and TAYLOR, JJ., concur.
205-CITE: 624 So.2d 355 STATE of Florida, Appellant, v. Robert N. SMITH, Appellee.
TEXT: PATTERSON, Judge. The state appeals the dismissal of the charge against Smith for driving
wi... be used to bootstrap a misdemeanor into a felony. We affirm the trial court based on Winters
and Joyce. Hall, A.C.J., and THREADGILL, J., concur.
206-CITE: 543 So.2d 807 Sherry Kay LYNN, Appellant, v. PHILADELPHIA AMERICAN LIFE INSURANCE CO.,
Travelers Insurance Co., Myrtle King Lynn, Individually and as Personal Representative of the Estate
of Donald Earl Lynn, and Ivy Earl Lynn, Appellees.
TEXT: CAMPBELL, Chief Judge. Appellant appeals the final judgment that denied her the right to
col... weight of the evidence demonstrates that appellant s acts equate to an intentional killing of
her husband. Affirmed. SCHEB and HALL, JJ., concur.
207-CITE: 440 So.2d 432 Joseph Donald GANDY, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Gandy appeals from his conviction for battery on a law enforcement officer.
We...its sound discretion in excluding surrebuttal evidence. The judgment and sentence of the trial
court is affirmed. SHIVERS and ZEHMER, JJ., concur.
208-CITE: 532 So.2d 91 Jeffrey ABRAHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: COOK, JACK H., Associate Judge. Jeffrey Abraham appeals from a judgment of conviction and
se...udgment and sentence are reversed and the cause is remanded for further proceedings consistent
with this opinion. GLICKSTEIN and DELL, JJ., concur.
209-CITE: 612 So.2d 661 Norma STOVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s convictions but reverse and remand on two sentencing
issue...d with directions that appellant s sentence be corrected in accord herewith. ANSTEAD,
WARNER, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
210-CITE: 550 So.2d 79 Michael T. CALLAHAN, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Acting Chief Judge. The appellant, Michael Callahan, was convicted of sale or
delivery...lty or delinquent of any violation of section 893 involving any substance listed in
sections 893.03(1) or (2). Section 322.055(1), Fla.Stat. (1987).
211-CITE: 543 So.2d 312 Cindilou BREEDING, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals her conviction and sentence for vehicular homicide and
lea...afety of persons or property, the standard set out by the trial court in this instructions to
the jury. Cf. Smith v. State, 65 So.2d 303 (Fla.1953).
212-CITE: 728 So.2d 329 J.C. JOYNER, a k a Tony Jones, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant-appellant J.C. Joyner appeals an order summarily denying his motion
fo...tions of the record conclusively refuting the defendant s allegations, or to conduct an
evidentiary hearing. See Jenkins v. State, 625 So.2d at 885.
213-CITE: 657 So.2d 1 Charlie McCRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Charlie McCray appeals his conviction of possession of cocaine. He contends the
...dered moot by our resolution of the suppression issue. Reversed and remanded with directions.
FRANK, C.J., and PATTERSON and LAZZARA, JJ., Concur.
214-CITE: 567 So.2d 49 STATE of Florida, Appellant, v. Landon Todd WALTERS, Appellee.
TEXT: RYDER, Acting Chief Judge. The state challenges the trial court s order reducing sentence,
w...s needed to accomplish the permanent revocation. Reversed and remanded with instructions.
LEHAN, J. and LUTEN, CLAIRE K., Associate Judge, Concur.
215-CITE: 558 So.2d 398 Robert David HEINEY, Petitioner, v. Richard L. DUGGER, Respondent. Robert David
HEINEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert David Heiney, under sentence of death and the governor s death warrant,
p...to consider any of this evidence, mistakenly believing that he could not do so. I cannot
conclude that this was harmless error. KOGAN, J., concurs.
216-CITE: 538 So.2d 931 Dennis W. SOLOMON, Appellant, v. STATE of Florida and the Florida Department of
Motor Vehicles, Appellees.
TEXT: WIGGINTON, Judge. Dennis Solomon brings this appeal from the trial court s Order on Implied
...ublic highways. Id. Accordingly, the trial court s order suspending Solomon s driving privileges
is AFFIRMED. WENTWORTH and THOMPSON, JJ., concur.
217-CITE: 535 So.2d 711 STATE of Florida, Petitioner, v. Debra KEARNEY, Respondent.
TEXT: PER CURIAM. The state charged Debra Kearney with several offenses, including inter alia,
DUI...uirements of law in denying the state s motion in limine. Petition for writ of certiorari
denied. SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
218-CITE: 632 So.2d 69 THE FLORIDA BAR, Complainant, v. T. Michael PRICE, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...el Price, for which sum let execution issue. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
219-CITE: 621 So.2d 729 Harold COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: DIAMANTIS, Judge. Harold Cooper appeals his judgment and sentence. We affirm in part and
rev...bility to the instant case involving the issue of whether a defendant can be convicted of two
or more homicide offenses arising from a single death.
220-CITE: 505 So.2d 455 Johnnie Lee UPSHAW, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant appeals the denial of his motion for discharge for
f...nial of his motion for discharge. The denial being proper, we therefore affirm the appellant s
judgment and sentence. LEHAN and FRANK, JJ., concur.
221-CITE: 473 So.2d 22 Tom P. LINQUIST, Appellant, v. Mark H. BOYD and Sharon Boyd, his wife, Appellees.
TEXT: PER CURIAM. The defendant Tom P. Linquist appeals a partial summary judgment on liability
en...362 So.2d 414, 416-17 (Fla. 2d DCA 1978). The partial summary judgment appealed from is
reversed and the cause is remanded for further proceedings.
222-CITE: 458 So.2d 320 Lloyd E. ALBRITTON, Appellant, v. STATE of Florida, Appellee.
TEXT: COWART, Judge. This is another sentencing guidelines case. (FN1) The defendant pled guilty
...t reasons as well as sufficient ones, see Higgs v. State, 455 So.2d 451 (Fla. 5th DCA 1984). Cf.,
Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984).
223-CITE: 700 So.2d 151 Clementa Leaford JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: COPE, Judge. Clementa Johnson appeals the inclusion of severe victim injury points in the
ca...e ceased their actions after the property was taken, but then took the further step of shooting
the victim in an effort to silence him as a witness.
224-CITE: 558 So.2d 179 Brian David FERRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Chief Judge. Appellant, Brian David Ferris, appeals his judgment and sentence
aris... the court-imposed suspension of appellant s driver s license. The judgment and sentence is
otherwise affirmed. DANAHY and ALTENBERND, JJ., concur.
225-CITE: 697 So.2d 230 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. James F.
SINCLAIR, Jr., Appellee.
TEXT: POLEN, Judge. The Department of Highway Safety and Motor Vehicles (DHSMV) appeals from a
fin...e above statutes because it is up to DHSMV to issue a hardship license after certain
conditions precedent are met. GUNTHER and FARMER, JJ., concur.
226-CITE: 745 So.2d 1026 STATE of Florida, Appellant, v. Ferris Michele PALEVEDA, Appellee.
TEXT: PER CURIAM. The State challenges an order which dismisses a cocaine possession charge
agains...se is reversed and remanded for reinstatement of the possession charge. Reversed and
remanded. PATTERSON, C.J., THREADGILL and GREEN, JJ., Concur.
227-CITE: 510 So.2d 612 The STATE of Florida, Appellant, v. Ronald HOWARD, Appellee.
TEXT: NESBITT, Judge. Howard was charged with driving while under the influence, pursuant to
secti...oes not fall within the limited exceptions listed in section 316.2065, it is the legislature
s expressed intention that bicyclists be bound thereby.
228-CITE: 706 So.2d 41 STATE of Florida, Petitioner, v. M.D., a child, Respondent.
TEXT: PER CURIAM. The State petitions this court for certiorari and mandamus relief from the
juven...ntil May 5, 1998, quashed, and remanded for further proceedings consistent with this
opinion. ALTENBERND, A.C.J., and BLUE and FULMER, JJ., concur.
229-CITE: 609 So.2d 679 Carlton MANSELL, a k a Antonio Green, Appellant, v. STATE of Florida, Appellee.
TEXT: KAHN, Judge. Carlton Mansell appeals his conviction and sentence for possession of cocaine,
...rt abused its discretion are two separate and distinct appellate functions ). REVERSED and
REMANDED for a new trial. MINER and ALLEN, JJ., concur.
230-CITE: 498 So.2d 1033 SUSAN LOVERINGS FIGURE SALON and Aetna Life & Casualty, Appellants, v. Trisha
McRORIE, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
appe...no competent, substantial evidence in support thereof. Accordingly, we reverse the order
below. BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
231-CITE: 636 So.2d 197 Anthony NEAL a k a Ward Neal, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anthony Neal a k a Ward Neal appeals from an order denying his motion for
post-c...er an order vacating appellant s conviction of driving with a suspended license. REVERSED
and REMANDED. DELL, C.J., HERSEY and STONE, JJ., concur.
232-CITE: 757 So.2d 548 Robert FECSKE, Appellant, v. STATE of Florida, Appellee.
TEXT: POLEN, J. Robert Fecske appeals after a jury convicted him of unlawful blood alcohol (UBAL)
...o the other issues raised in Fecske s appeal, we affirm as unpersuasive. AFFIRMED in part;
REVERSED and REMANDED. FARMER and HAZOURI, JJ., concur.
233-CITE: 752 So.2d 625 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner,
v. Danny HASKINS, Respondent.
TEXT: PER CURIAM. The Department of Highway Safety and Motor Vehicles seeks certiorari review of
a...oncur. ------------ (FN1) Section 901.151(2) Florida Statutes (1991), has not been amended since
State v. Taylor, 648 So.2d 701 (1995), was decided.
234-CITE: 481 So.2d 547 Diane WILLIAMS, Appellant, v. UTAH HOME FIRE INSURANCE COMPANY, Appellee.
TEXT: COBB, Chief Judge. The issue on this appeal concerns the availability of PIP coverage to a
p...gation on the part of Thomas (and Utah) to provide PIP protection to passengers in a nonowned
vehicle. AFFIRMED. UPCHURCH, and SHARP, JJ., concur.
235-CITE: 736 So.2d 1249 William Scott LARCHER, et al., Petitioners, v. DEPARTMENT OF HIGHWAY SAFETY &
MOTOR VEHICLES, STATE OF FLORIDA, Respondent.
TEXT: PER CURIAM. Petitioners William S. Larcher, Velma L. Betty and Jacques Lawlor seek
certiorar...stant facts and circumstances. The circuit court correctly denied relief on authority of
Degrossi AFFIRMED. DAUKSCH, COBB and GRIFFIN, JJ. concur.
236-CITE: 674 So.2d 174 Jerald A. ANDERSON, Appellant, v. ARMOR INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Jerald A. Anderson appeals a final summary judgment entered in favor of Armor
In...gment in favor of Armor because there remain disputed questions of fact. Reversed and
remanded. FRANK, A.C.J., and PARKER and QUINCE, JJ., concur.
237-CITE: 587 So.2d 1148 Eric C. NORSTROM, Appellant, v. STATE of Florida, Appellee.
TEXT: STONE, Judge. We reverse appellant s conviction on counts of vehicular homicide, culpable
ne...r incriminating statements inadmissible and contributes little, if anything, to the welfare of
society. Such appears to me to be what happened here.
238-CITE: 503 So.2d 908 Wallace S. LEWIS and Patricia Lewis, Appellants, v. CINCINNATI INSURANCE
COMPANY, Appellee.
TEXT: SHARP, Judge. The Lewises appeal from a final summary judgment denying Wallace Lewis
uninsur.... Co. of Hartford v. Beem, 469 So.2d 138 (Fla. 3rd DCA 1985). (FN3) Cf. Curtin v. State
Farm Mut. Auto. Ins. Co., 449 So.2d 293 (Fla. 5th DCA 1984).
239-CITE: 718 So.2d 270 Bernard E. HITE, Appellant, v. STATE of Florida, Appellee.
TEXT: HARRIS, Judge. Hite was charged with leaving the scene of an accident resulting in death
and...ed by Hite to his brothers and which admissions were introduced into evidence without
objection. AFFIRMED. GRIFFIN, C.J., and DAUKSCH, J., concur.
240-CITE: 717 So.2d 1124 STATE of Florida, Appellant, v. J.M.H., a child, Appellee.
TEXT: PER CURIAM. The order denying the state s motion to suspend the child s driving privileges
i...41 (Fla. 2d DCA 1998); State v. R.N., 597 So.2d 862 (Fla. 5th DCA 1992). REVERSED and REMANDED.
GRIFFIN, C.J., and COBB and THOMPSON, JJ., concur.
241-CITE: 624 So.2d 808 Fidel MARIN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Fidel Marin appeals from a judgment of conviction and sentence for driving
under...ntenced in case number 92-17084, he entered a plea of nolo contendere to charges filed in
case number 92-31026 and was then sentenced in both cases.
242-CITE: 732 So.2d 1127 Melissa ROBERTS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We deny this petition for certiorari seeking review of the final order of the
ci...a partrolman to determine the reason for its unusual operation. ) Therefore, the petition is
denied. STONE, C.J., WARNER and HAZOURI, JJ., concur.
243-CITE: 587 So.2d 632 Augustine Antonio LEDO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the defendant s cocaine trafficking conviction and order a new trial
...ble cause exception to the hearsay rule). Based on the foregoing, the defendant s conviction is
reversed and the cause is remanded for a new trial.
244-CITE: 491 So.2d 1210 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES of the State of Florida,
Appellant, v. Dennis Cole MOREA, Appellee.
TEXT: NIMMONS, Judge. This is an appeal from an order of Leon County Circuit Court finding that
th...hat the Department did not erroneously revoke Morea s license. Accordingly, the trial court s
order is REVERSED. MILLS and WENTWORTH, JJ., concur.
245-CITE: 644 So.2d 513 Terri Dianne BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIFFIN, Judge. The court sua sponte files the following connected opinion: Bryant appeals
...there is no basis to set aside a conviction for an offense to which the appellant pleaded guilty.
AFFIRMED. HARRIS, C.J. and THOMPSON, J., concur.
246-CITE: 751 So.2d 780 STATE of Florida, Appellant, v. Carmel Lashone BOSTICK, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order granting a motion to suppress evidence
which... *781 The order of suppression is quashed and this cause remanded for further proceedings.
ORDER QUASHED; REMANDED. COBB and HARRIS, JJ., concur.
247-CITE: 717 So.2d 193 Shawn ARTHUR, Appellant, v. STATE of Florida, Appellee.
TEXT: PETERSON, Judge. Shawn Arthur appeals his conviction and sentence for aggravated assault,
se...e should excuse such assault. Arthur should not be able to deny the charge and, at the same
time, claim that he committed the act to defend himself.
248-CITE: 508 So.2d 48 Barry NELSON, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. By petition for writ of certiorari, Barry Nelson (Nelson) seeks review of a
judg...te v. Hoch, 500 So.2d 597 (Fla. 3d DCA 1986), which answers all of petitioner s arguments.
Certiorari denied. DOWNEY, LETTS and DELL, JJ., concur.
249-CITE: 721 So.2d 767 STATE of Florida, Appellant, John WARNER, Appellee.
TEXT: KLEIN, Judge. After the trial court suggested the sentence it would impose in response to a
... (FN3) See Baker v. State, 377 So.2d 17 (Fla.1979); Ingram v. Pettit, 340 So.2d 922 (Fla.1976);
Lindsay v. State, 606 So.2d 652 (Fla. 4th DCA 1992).
250-CITE: 679 So.2d 1274 Marcus F. SINGER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Marcus Singer appeals the denial of his motion to correct an illegal sentence.
W...cts, the order denying relief is affirmed. Affirmed in part, reversed in part and remanded.
SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., concur.
251-CITE: 595 So.2d 1070 Barbara WHITING, Appellant, v. STATE of Florida, Appellee.
TEXT: PATTERSON, Judge. The appellant challenges the denial of her motion to suppress a concealed
...therefore, the appellant s admission and the firearm were unlawfully obtained. Reversed and
remanded. HALL, J., concurs. RYDER, A.C.J., dissents.
252-CITE: 490 So.2d 176 John Robert KIRK, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. Appellant Kirk appeals his sentence imposed in excess of recommended
guideli...s vacated and remanded to the trial court for resentencing in accordance with this
opinion. VACATED and REMANDED. UPCHURCH and SHARP, JJ., concur.
253-CITE: 700 So.2d 464 Jurandir ALBUGUERGUE, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, Judge. Appellant was convicted of aggravated battery and appeals, arguing that the
tr... body builder and the appellant, age forty-nine, was slight. We therefore reverse and remand
for a new trial. GLICKSTEIN and PARIENTE, JJ., concur.
254-CITE: 547 So.2d 1010 CITY OF JACKSONVILLE, a body politic, Appellant Cross-Appellee, v. W.R.
FAIRCHILD CONSTRUCTION CO., LTD., a corporation, for the Use and Benefit of CADDELL CONSTRUCTION
CO., a corporation, Appellees Cross-Appellants.
TEXT: BARFIELD, Judge. The City of Jacksonville appeals from a judgment in favor of W.R.
Fairchild... as the City contends, that there is no ambiguity. The issue should not have reached the
experts. REVERSED. SHIVERS, C.J., and ZEHMER, J., concur.
255-CITE: 676 So.2d 44 Glen Michael CALDWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was convicted on two counts of manslaughter and sentenced to
departure...N? Accordingly, we reverse the sentences and remand to the trial court for
resentencing. MINER and LAWRENCE, JJ., and SMITH, Senior Judge, concur.
256-CITE: 706 So.2d 925 C.B., a child, Appellant, v. STATE of Florida, Appellee.
TEXT: BLUE, Judge. C.B. challenges the order adjudicating him delinquent and committing him to
the...d C.B. s driving privileges pursuant to section 322.056. Reversed and remanded. ALTENBERND,
A.C.J., and YOUNG, ROBERT A., Associate Judge, concur.
257-CITE: 571 So.2d 113 Craig MOYE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm appellant s conviction of vehicular homicide by reckless driving and
r...ess conduct set out in McCreary v. State, 371 So.2d 1024 (Fla.1979). ANSTEAD and GLICKSTEIN,
JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
258-CITE: 616 So.2d 531 Terry EALY, Appellant, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals his conviction, after jury trial, of vehicular homicide
... for resentencing on the three remaining charges accordingly. Reversed and remanded. MICKLE,
J., and JORGENSON, JAMES R., Associate Judge, concur.
259-CITE: 733 So.2d 564 Roger WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: WHATLEY, Judge. Roger Walker appeals his convictions of carrying a concealed weapon and
burg...gly, Walker s conviction for carrying a concealed weapon is reversed. Affirmed in part;
reversed in part. BLUE, A.C.J., and CASANUEVA, J., Concur.
260-CITE: 727 So.2d 266 McFARLAND & SON, INC., etc., et al., Appellant Cross-Appellees, v. Royal Mende
BASEL and Steven Kane, etc., Appellees Cross-Appellants.
TEXT: GOSHORN, J. McFarland & Son, Inc. and Jonathan Queen (Defendants) appeal the final judgment
...t, the court shall enter judgment with respect to economic damages against that party on the
basis of the doctrine of joint and several liability.
261-CITE: 522 So.2d 418 Purvis TAYLOR, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. The appellant, Purvis Taylor, was convicted of manslaughter by driving while
in...ial motion based upon newly-discovered evidence. REVERSED and REMANDED for new trial. SHARP,
C.J., concurs. COWART, J., dissents without opinion.
262-CITE: 706 So.2d 923 Randy LOVE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Randy Love appeals his conviction for possession of cocaine after pleading no
co... directions that Love s motion to suppress be granted. Reversed and remanded with directions.
PATTERSON, A.C.J., and BLUE and FULMER, JJ., concur.
263-CITE: 634 So.2d 1103 Andrew JACKSON, Appellant Cross-Appellee, v. STATE of Florida, Appellee
Cross-Appellant.
TEXT: EN BANC KLEIN, Judge. We affirm appellant s convictions for driving under the influence,
bu...ify conflict with Pulaski. DELL, C.J., and ANSTEAD, HERSEY, GLICKSTEIN, GUNTHER, STONE,
WARNER, POLEN, FARMER, PARIENTE and STEVENSON, JJ., concur.
264-CITE: 553 So.2d 349 STATE of Florida, Petitioner, v. Craig Eugene EASTMAN, Respondent.
TEXT: PER CURIAM. This is a petition for writ of certiorari in which the state seeks relief from
a...la. 2d DCA 1974). The circuit court here advisedly relied upon Judge Baskin s dissent and upon
Rucker. ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
265-CITE: 446 So.2d 202 The STATE of Florida, Appellant, v. Jerry Lee LAWSON, Appellee.
TEXT: PER CURIAM. The only issue on appeal is whether the stop of the defendant s vehicle which
be...he businesses had been closed. The trial court heard the testimony then correctly found the
facts unsupportive of founded suspicion. I would affirm.
266-CITE: 744 So.2d 1145 Tauric Lamar GRIGGS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Tauric Lamar Griggs (appellant) appeals from an order summarily denying his
moti...aring or the attachment of portions of the *1146 record which conclusively refute appellant s
claim. WARNER, C.J., FARMER and HAZOURI, JJ., concur.
267-CITE: 523 So.2d 1215 Alice F. GORDAY, as Guardian of James Thomas Brown; and James Thomas Brown,
individually, Appellants, v. Darrell FARIS, a k a Chris Faris, and Jerry M. Faris, Appellees.
TEXT: SMITH, Chief Judge. Appellants, Alice Gorday and James Thomas Tommy Brown, seek review of
th...judgment appealed is therefore REVERSED, and this cause is REMANDED for further proceedings
consistent herewith. WENTWORTH and JOANOS, JJ., concur.
268-CITE: 748 So.2d 386 G. Calvin BELT, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, J. G. Calvin Belt appeals the denial of his Rule 3.850 motion for post-conviction
...ct an evidentiary hearing to establish that Belt is entitled to no relief. REVERSED AND REMANDED
with instructions. COBB and GRIFFIN, JJ., concur.
269-CITE: 596 So.2d 1139 Walter O. BRADFORD, Jr., and Janice K. Bradford, his wife, Richard Allen Cabral
and Donna S. Cabral, his wife, Appellants, v. William Clyde LEWIS, White Star Carriers, Inc., and
Florida Trailer Sales, Inc., Appellees.
TEXT: PER CURIAM. AFFIRMED. The appellants claim reversible error in the trial court s failure to
... the ruling prejudiced appellant. See Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1992)
(Polen, J., concurring in part and dissenting in part).
270-CITE: 744 So.2d 1187 John STIFFLER, Appellant, v. STATE of Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant pleaded nolo contendere to possession of cocaine and possession
o... State, 707 So.2d 893 (Fla. 2d DCA 1998). Accordingly, we reverse the denial of the motion to
suppress. PATTERSON, C.J. and CASANUEVA, J., Concur.
271-CITE: 603 So.2d 1301 PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. Cathy HUNTER, Appellee.
TEXT: HERSEY, Judge. This case presents an issue involving uninsured motorist s coverage and
requi...that factor. We reverse and remand for such further proceedings as may be appropriate.
DOWNEY, J., and ALDERMAN, JAMES E., Senior Justice, concur.
272-CITE: 450 So.2d 1249 STATE of Florida, Appellant, v. Willie James WARREN, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order suppressing evidence. Appellee was arrested
...ressing the evidence is reversed and this cause remanded for trial. REVERSED and REMANDED.
ORFINGER, C.J., and FRANK D. UPCHURCH, Jr., J., concur.
273-CITE: 687 So.2d 845 Darrell NANTZ, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Acting Chief Judge. Darrell Nantz, who was adjudicated guilty of two counts of
Drivin...ce, within the guidelines, of no more than 8.5 years. Reversed and remanded for
resentencing within the guidelines. BLUE and LAZZARA, JJ., concur.
274-CITE: 442 So.2d 239 STATE of Florida, Appellant, v. Kenneth A. SOWERS and Larry Gene Johnston,
Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a county court order suppressing evidence in a
crimin... v. Neville. The order appealed is reversed and this cause remanded for further
proceedings. REVERSED and REMANDED. COBB and COWART, JJ., concur.
275-CITE: 439 So.2d 916 Robert BOLAND, Appellant, v. SUNCOAST RENT-A-SCOOTER, INC., Robert Leo Jean and
ABC Insurance Company, Appellees.
TEXT: HOBSON, Acting Chief Judge. Appellant, Robert Boland, appeals the trial court s final
judgme...r to the submission of evidence at trial. See Cashell at 562. REVERSED and REMANDED for
further proceedings. CAMPBELL and SCHOONOVER, JJ., concur.
276-CITE: 664 So.2d 25 STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v.
Michael LITSCH, Appellee.
TEXT: STONE, Judge. We affirm an order directing the State of Florida, Department of Highway
Safet... of a substance abuse education class, notwithstanding such a court order. Therefore, the
judgment is affirmed. GLICKSTEIN and FARMER, JJ., concur.
277-CITE: 603 So.2d 624 Kenneth WRIGHT, 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...e. Accordingly, we vacate the departure sentence imposed and remand with instructions to
resentence Wright within the presumptive guidelines range.
278-CITE: 576 So.2d 918 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Shawn CULVER and
David Blaskey, Appellees.
TEXT: CAMPBELL, Judge. The primary issue for our determination in this appeal is whether
appellant... to Blaskey, it also owed no duty to Culver, who was merely the driver of the vehicle.
Reversed and remanded. SCHEB, A.C.J., and FRANK J., concur.
279-CITE: 468 So.2d 985 Gerald BOOHER, Petitioner, v. PEPPERIDGE FARM, INC., and Liberty Mutual
Insurance Company, Respondents.
TEXT: McDONALD, Justice. We have for review Pepperidge Farm, Inc. v. Booher, 446 So.2d 1132 (Fla.
...nt that it conflicts with this opinion. It is so ordered. BOYD, C.J., and OVERTON, ALDERMAN,
EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents.
280-CITE: 742 So.2d 419 John C. WILLIS, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, C.J. John Willis appeals the sentences imposed upon his convictions for felony
drivi... AFFIRMED; CAUSE REMANDED FOR CLARIFICATION. COBB and PETERSON, JJ., concur. ------------
(FN1) Sections 316.193, 322.34, 784.07, Fla.Stat. (1997).
281-CITE: 744 So.2d 1180 STATE of Florida, Appellant, v. Clifford DAVIDSON, Appellee.
TEXT: WHATLEY, Judge. 