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Criminal Law

Florida Criminal Law Opinions Florida Criminal Law Opinions

A forum where criminal justice professionals, teachers, and students can read and discuss recent criminal law decisions from Florida's appellate courts.
By David Edelstein, Esq.

Post Frequency: 14.6/day

Last Entry: April 01, 2011 at 12:26:55

Recent Entries: 1252

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Elizabeth Harris Lowery v. State of Florida

Posted on February 07, 2011
FIRST DISTRICT, STATE OF FLORIDA ELIZABETH HARRIS NOT FINAL UNTIL TIME EXPIRES TO LOWERY, FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED CASE NO. 1D09-2311 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed February 7, 2011...


Richard Blane v. State of Florida

Posted on February 07, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RICHARD BLANE, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D08-4179 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed February 7, 2011...


Micah Lynn Lawson v. State of Florida

Posted on February 04, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICAH LYNN LAWSON, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) Case No. 2D09-2283 Opinion filed February 4, 2011...


Jeremy Haygood v. State of Florida

Posted on February 04, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JEREMY HAYGOOD, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) Case No. 2D09-4769 ) Opinion filed February 4, 2011...


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NOT FINAL UNTIL TIME EXPIRES TO

Posted on February 04, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DEANDRE T. WOODRUFF, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 2D09-4836 ___________________________________) Opinion filed February 4, 2011...


State of Florida v. Abel DelRio and Yenier Rodriguez

Posted on February 04, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, ) ) Appellant, ) ) v. ) Case No. 2D10-182 ) ABEL DELRIO and YENIER RODRIGUEZ ) DELGUY, ) ) Appellees...


Michael Dale Jones v. State of Florida

Posted on February 04, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL DALE JONES, ) ) Appellant, ) ) v. ) Case No. 2D10-2454 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed February 4, 2011...


JOSE ESCOBAR-GUILLEN, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 04, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 JOSE ESCOBAR-GUILLEN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-2454 ________________________________/ Opinion filed February 4, 2011 3.850 Appeal from the Circuit Court for Orange County, Bob LeBlanc, Judge...


IN THE DISTRICT COURT OF APPEAL

Posted on February 04, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 RUFUS HATTEN, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 5D10-4167 ________________________________/ Opinion filed February 4, 2011 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction...


IN THE DISTRICT COURT OF APPEAL

Posted on February 04, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 ELI H. CORTES, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-3114 ________________________________/ Opinion filed February 4, 2011 3.800(a) Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge...


WILLIAM CLAIRVIN, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 04, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 WILLIAM CLAIRVIN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-725XX ________________________________/ Opinion filed February 4, 2011 Appeal from the Circuit Court for Brevard County, Robert T...


STATE OF FLORIDA, Petitioner, vs. CHRISTIAN FLEMING, Respondent

Posted on February 03, 2011
Supreme Court of Florida _____________ No. SC06-1173 _____________ STATE OF FLORIDA, Petitioner, vs. CHRISTIAN FLEMING, Respondent. [February 3, 2011] CANADY, C.J. In this case, we consider the application in resentencing proceedings of the constitutional right to a jury determination of facts that are essential to the sentence imposed...


The State of Florida, Appellant, vs. Elvis Pita, Appellee

Posted on February 02, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed February 02, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-3267 Lower Tribunal Nos. 04-13870, 04-13871, 04-13872, 06-8371, 06-34368, 08-45903, 09-7379 ________________ The State of Florida, Appellant, vs...


Jeffrey H. Van Poyck, Appellant, vs. The State of Florida, Appellee

Posted on February 02, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed February 2, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-2115 Lower Tribunal Nos. 67-1079A, 67-2700A, 67-2701A, 67-2736A, 67-2773A, 67-2839A ________________ Jeffrey H...


RICHARD FURTADO, individually and as Personal Representative of the estate of MARILOU FORREST, Appellant, v. JASON YUN CHUNG LAW a/k/a YUN CHUNG JASON LAW, in his individual capacity, and RIC BRADSHAW, in his official capacity as Sheriff of Palm Beach County, Appellees

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 RICHARD FURTADO, individually and as Personal Representative of the estate of MARILOU FORREST, Appellant, v. JASON YUN CHUNG LAW a/k/a YUN CHUNG JASON LAW, in his individual capacity, and RIC BRADSHAW, in his official capacity as Sheriff of Palm Beach County, [...


ANTONIO HALL, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ANTONIO HALL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-3909 [February 2, 2011] PER CURIAM. Antonio Hall appeals the summary denial of his Florida Rule of Criminal Procedure 3...


SCOTT WAYNE LAMBE, Appellant, v. STATE OF FLORIDA

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 SCOTT WAYNE LAMBE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-4255 [February 2, 2011] STEVENSON, J. Defendant appeals an upward departure sentence imposed after revocation of his probation...


ELIOT LEWIS PEARSON, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ELIOT LEWIS PEARSON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-67 [February 2, 2011] PER CURIAM. Appellant Eliot Lewis Pearson appeals an order revoking probation and sentencing him to concurrent sentences totaling fifteen years...


PAUL A. SMALL, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 PAUL A. SMALL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-844 [February 2, 2011] WARNER, J. In this appeal of the trial court?s denial of appellant?s motion for postconviction relief from his convictions for three counts of grand theft, appellant claims that the convictions are void for lack of jurisdiction [...


WILLEMS CALIXTE, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 WILLEMS CALIXTE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1035 [February 2, 2011] PER CURIAM. We affirm the denial of appellant?s motion to correct a n illegal sentence pursuant to Florida Rule of Criminal Procedure 3...


ANTHONY SALLEY, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ANTHONY SALLEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1469 [February 2, 2011] PER CURIAM. We treat the trial court?s March 15, 2010 order as one denying relief in a probation violation proceeding a n d not as a motion for [...


ARBREE CRONEY, Petitioner, v. STATE OF FLORIDA, Respondent.

Posted on February 02, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 BARBREE CRONEY, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D10-4538 [February 2, 2011] ON ORDER TO SHOW CAUSE PER CURIAM. Barbree Croney has repeatedly initiated frivolous proceedings in this court...


Michael K. Edwards v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL K. EDWARDS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D10-5748 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 28, 2011...


Ernest Elvert Lyons v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ERNEST ELVERT LYONS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D10-3548 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 28, 2011...


Terrance A. Lake v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TERRANCE A. LAKE, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D10-2970 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 28, 2011...


Huy N. Ha v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HUY N. HA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D09-6597 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 28, 2011...


Curtis W. Bailey v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CURTIS W. BAILEY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D09-6346 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 28, 2011...


Brian R. Minnich v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BRIAN R. MINNICH, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D09-1142 STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed January 28, 2011...


Carstarvos Woods v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 CARSTARVOS WOODS Appellant, v. Case No. 5D10-3672 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 28, 2011. 3.850 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge...


Michael E. Olive v. State of Florida

Posted on January 28, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 MICHAEL E. OLIVE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-2102 ________________________________/ Opinion filed January 28, 2011 3.800 Appeal from the Circuit Court for Brevard County, John M...


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