RAY E. GANS, APPELLANT,

v.

WILLIAM TARLTON, APPELLEE

Citator

Cited By (17 total)

• Ulysses LEE v. State, 422 So. 2d 928 (Fla. 3d DCA 1982)
  …, David v. State, 369 So. 2d 943 (Fla.1979); Clark v. State, 363 So. 2d 331 (Fla.1978); Bennett v. State, 316 So. 2d 41 (Fla.1975); Ruiz v. State, 378 So. 2d 101 (Fla. 3d DCA 1979); Barnes v. State, 375 So. 2d 40 (Fla. 3d DCA 1979); Knight v. State, 374 So. 2d 1065 (Fla. 3d DCA 1979). The State candidly concedes as much. It argues, however, that the prohibition against comment on post-arrest silence applies only where the silence has been induced by assurances, in the form of a Miranda warning not given here,…
• Mallory Webb, III v. State, 410 So. 2d 944 (Fla. 1st DCA 1982)
  …a weapon or a firearm is an essential element of both of these offenses; such an aggravated assault/battery is already an “enhanced penalty offense, and § 775.087(1) may not be applied to enhance the sentence for these offenses. See Knight v. State, 374 So. 2d 1065 (Fla.3d DCA 1979), fn. 2, and Williams v. State, 358 So. 2d 187 (Fla. 4th DCA 1978). Since it was necessary to prove such an aggravated assault/battery in order to establish the felony murder in this case, the elements of the underlying offense were…
• Thomas v. State, 393 So. 2d 22 (Fla. 3d DCA 1981)
  …378 So. 2d 1315, 1316-17 (Fla. 3d DCA 1980); Whitted v. State, 362 So. 2d 668 (Fla.1978); Taylor v. State, 386 So. 2d 825, 827-28 (Fla. 3d DCA 1980); § 924.33, Fla.Stat. (1979); Ziegler v. State, 385 So. 2d 1168 (Fla. 1st DCA 1980); Knight v. State, 374 So. 2d 1065, 1067 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 642 (Fla.1980).…

Authorities Cited

• Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
• City OF Daytona Beach v. Baker, 98 So. 2d 804 (Fla. 1st DCA 1957)
• Beach Keys, Inc. v. Girvin, 213 So. 2d 314 (Fla. 1st DCA 1968)