RAYMOND E. PARDEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND E. PARDEE, APPELLANT,
STATE OF FLORIDA, APPELLEE
382 So. 2d 325
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Affirmed.
BOOTH and SHIVERS, JJ., concur.
ROBERT P. SMITH, Jr., J., dissents.
Dissent
ROBERT SMITH, Jr., J.,
dissenting:
On this appeal from an order of the trial court denying Pardee’s Rule 3.850 motion, I think the record before the trial court and before this court does not conclusively show that Pardee is entitled to no relief. I do not consider it our function to pass on the credibility of Pardee’s improbable assertions. Therefore, in my opinion, an evidentiary hearing is required.
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State v. Reinersman, 406 So. 2d 1089 (Fla. 1981)…ADKINS, Justice. The District Court of Appeal, Second District, has certified to this Court that its decision reported at 382 So. 2d 325 is one which involves a question of great public interest. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. (1980). On the basis of our decision in Parker v. State, 406 So. 2d 1089 (1981), we find that the information in question charged appell…
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State v. Corlew, 382 So. 2d 787 (Fla. 2d DCA 1980)…smissing the amended information and remand to the trial court for further proceedings consistent with this opinion. GRIMES, C. J., and HOBSON, J., concur. . This court aligned itself with the First District Court of Appeal in Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1979).…
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Carvajal v. State, 392 So. 2d 287 (Fla. 2d DCA 1980)…to have merit is the legality of his sentence for count 3, possession of more than 100 pounds of marijuana. Appellant was fined $10,000 and sentenced to a ten-year prison term for this offense. However, this court has held in Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1980), that simple possession of more than 100 pounds of marijuana is a third degree felony which carries a maximum prison term of five years and a maximum fine of $5,000. § 775.083(l)(c) and § 775.-082(3)(d), Fla.Stat. (1977). Thus bot…
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