STATE OF FLORIDA, APPELLANT,
v.
JERRY JACKSON, APPELLEE

Fla. | 1981-07-16
No. 57942
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
401 So. 2d 1110 Florida Supreme Court (1981) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Jerry Jackson was charged by information with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979). This appeal comes to us from an order of the trial court granting Jackson’s motion to dismiss one count of the information and declaring the statute unconstitutional.1 All of the issues presented by this appeal were resolved against Jackson in State v. Yu, 400 So. 2d 762 (Fla. 1981). The order of the trial court is thus reversed, and the case is remanded for further proceedings.

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur. . Art. V, § 3(b)(1), Fla. Const. (1972).


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  • State v. A.J. FOX, 659 So. 2d 1324 (Fla. 3d DCA 1995)
    …eld that a plea will not be vacated after sentencing on the basis of a violation of a rule of procedure unless the defendant can show prejudice or manifest injustice. Williams v. State, 316 So. 2d 267, 273-75 (Fla.1975); see also Wilkerson v. State, 401 So. 2d 1110, 1112 (Fla.1981); State v. Will, 645 So. 2d 91, 93 (Fla. 3d DCA 1994); Suarez v. State, 616 So. 2d 1067, 1068 (Fla. 3d DCA 1993). [*1327] The defendant’s primary complaint is that the plea colloquy did not inform him that as a result of the plea he…
  • Allen v. State, 463 So. 2d 351 (Fla. 1st DCA 1985)
    …The key inquiry is not whether the trial court failed to follow proper procedure, but whether, as a matter of fact, the defendant, under the existing circumstances, knowingly and intelligently waived his constitutional rights.13 Wil/cerson v. State, 401 So. 2d 1110 (Fla.1981). In other words, a conviction is rendered unreliable and void only when there is competent evidence to support a determination that the defendant in fact did not make a knowing and intelligent waiver. Two decisions of the United States S…
  • Reynolds v. State, 842 So. 2d 46 (Fla. 2002)
    …herefore, unnecessarily killing an animal in Florida is, at a minimum, a punishable misdemeanor. Moreover, we have already held that the type of concerns petitioner raises are more appropriately addressed to the Legislature. See Wilkerson v. State, 401 So. 2d 1110, 1112 (Fla.1981) ("Appellant has raised some difficult questions concerning the applicability of this statute [section 828.12] to hunters, fishermen, and pest exterminators. We believe that these hypothetical questions are more properly addressed to…

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