GARY WAYNE STEWART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY WAYNE STEWART, APPELLANT,
STATE OF FLORIDA, APPELLEE
390 So. 2d 405
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
AFFIRMED on the authority of Wheeler v. State, 344 So. 2d 244 (Fla.1977), cert. denied, 440 U.S. 924, 99 S.Ct. 1254, 59 L.Ed.2d 478 (1979). The appellant’s motion to file a brief concerning the retroactivity of Roberts v. State, 335 So. 2d 285 (Fla.1976), is denied, but this Court has considered the memorandum accompanying the motion for leave to submit brief which deals with this issue. The denial of defendant’s 3.850 motion in the trial court is hereby affirmed.
AFFIRMED.
DOWNEY, BERANEK and GLICK-STEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Dunn v. State, 454 So. 2d 641 (Fla. 5th DCA 1984)…1 (Fla.1982), cert. den., — U.S. -, 103 S.Ct. 1883, 76 L.Ed.2d 812 (1983); Tibbs v. State, 397 So. 2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982);3 State v. Stewart, 404 So. 2d 185 (Fla. 5th DCA 1981); Teague v. State, 390 So. 2d 405 (Fla. 5th DCA 1980); Bouler v. State, 389 So. 2d 1197 (Fla. 5th DCA 1980); Knight v. State, 392 So. 2d 337 (Fla. 3d DCA 1981), review denied, 399 So. 2d 1143 (Fla.1981); Lowery v. State, 450 So. 2d 587 (Fla. 1st DCA 1984). The difference between th…
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Gonzalez v. State, 399 So. 2d 35 (Fla. 3d DCA 1981)…o. 2d 294 (Fla. 3d DCA 1972); Garmise v. State, 311 So. 2d 747 (Fla. 3d DCA 1975); Codie v. State, 313 So. 2d 754 (Fla.1975); Bristow v. State, 338 So. 2d 553 (Fla. 3d DCA 1976); Atkinson v. State, 378 So. 2d 324 (Fla. 3d DCA 1980); Teague v. State, 390 So. 2d 405 (Fla. 5th DCA 1976); Bassett v. State, 392 So. 2d 1025 (Fla. 5th DCA 1981); Knight v. State, 394 So. 2d 997 (Fla. 3d DCA 1981); Fla.R.Crim.P. 3.390(d).…
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Knight v. State, 392 So. 2d 337 (Fla. 3d DCA 1981)…denial of the motion for judgment of acquittal. The state presented a prima facie case of second degree murder against appellant, thereby shifting to him the burden to come forward with evidence bearing on his claim of self-defense. Teague v. State, 390 So. 2d 405 (Fla. 5th DCA 1980); Bolin v. State, 297 So. 2d 317 (Fla. 3d DCA), cert. denied 304 So. 2d 452 (Fla.1974). In this regard, appellant failed to meet his burden: the only evidence of self-defense put forth by appellant was his own testimony that he wa…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wheeler v. State, 344 So. 2d 244 (Fla. 1977)
- Roberts v. State, 335 So. 2d 285 (Fla. 1976)
- Hampton v. Wyrick, 440 U.S. 924 (U.S. 1979)
- Lorentzen v. Boston Coll., 440 U.S. 924 (U.S. 1979)