INELL THOMPSON AND GLEN THOMPSON, HER HUSBAND, APPELLANTS,
v.
EARL MICHAEL GRIMM, UNITED STATES FIDELITY & GUARANTY COMPANY, ALLSTATE INSURANCE COMPANY AND FIREMAN'S FUND INSURANCE COMPANY, ALL FOREIGN CORPORATIONS, APPELLEES

Fla. 4th DCA | 1981-06-17
Nos. 79-2080, 79-2189
MOORE, BERANEK and HERSEY, JJ., concur.
399 So. 2d 1061 Florida District Court of Appeal, Fourth District (1981) Caution
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on authority of South Carolina Insurance Company v. Kokay, 298 So. 2d 1355, (Florida Case No. 58,830, opinion filed May 21, 1981).

MOORE, BERANEK and HERSEY, JJ., concur.


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  • Reese v. State, 639 So. 2d 1067 (Fla. 4th DCA 1994)
    …placed in the record to support the state’s allegations. This court has held that a trial judge may consider other arrests at sentencing hearings if the defendant is given the opportunity to explain or offer evidence on the issue. Jansson v. State, 399 So. 2d 1061 (Fla. 4th DCA 1981). Likewise, the presentence investigation report prepared by the Department of Corrections may contain the offender’s prior arrest record. § 921.231(1)(c), Fla.Stat. However, the unsupported speculations offered by the state in th…
  • Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)
    …State, 820 So. 2d 337, 340 (Fla. 4th DCA 2002) (footnote omitted). Within this framework, there is “no United States Supreme Court precedent requiring exclusion of arrests not leading to convictions in state sentencing procedures.” Jansson v. State, 399 So. 2d 1061, 1063 (Fla. 4th DCA 1981). As we have explained, [A] trial court can consider a defendant’s prior arrests not leading to convictions for purposes of sentencing so long as the court recognizes that these arrests are not convictions or findings of gu…
  • Titus Seays v. State, 789 So. 2d 1209 (Fla. 4th DCA 2001)
    …lied. We adopt this as the proper test and, applying it here, reverse the defendant’s sentence and remand for resen-tencing before a different judge. See also Cook v. State, 647 So. 2d 1066 (Fla. 3d DCA 1994). The state relies on Jansson v. State, 399 So. 2d 1061 (Fla. 4th DCA 1981). In Jansson, the issue was whether the trial court had erred in considering prior arrests which were reflected in the presentence investigation report and other information. This court held, after considering federal law as well…

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