DAVID FOWLER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gaines v. State, 406 So. 2d 523 (Fla. 4th DCA 1981)
  …Gaines was acquitted of the charge of conspiring with David Fowler and Willie Kendricks to commit the substantive offense of distribution of Dilaudid. Fowler was convicted of the conspiracy and his conviction was affirmed by us. See Fowler v. State, 404 So. 2d 151 (Fla. 4th DCA 1981). . The instruction requested was: “... in this case by a separate pleading the exact date has been made an issue to be tried. The burden, therefore, rests upon the State to prove beyond a reasonable doubt that the crime was comm…
• Morningstar v. State, 405 So. 2d 778 (Fla. 4th DCA 1981)
  …al of certio-rari in three other cases in which the Third District’s opinion in Sarmiento was interpreted quite narrowly. The First District has also refused to apply Sarmiento to a situation involving a defendant’s motel room. See Padgett v. State, 404 So. 2d 151 (Fla. 1st DCA 1981). However, a closer scrutiny of Sarmiento indicates that perhaps the Supreme Court has not limited the impact of its decision to conversations occurring in the defendant’s home. The Supreme Court secured review of the Third Distr…

  ← 1 / 2 →
• Ruiz v. State, 416 So. 2d 32 (Fla. 5th DCA 1982)
  …le to conversations overheard in defendant’s truck); Morningstar v. State, 405 So. 2d 778 (Fla. 4th DCA 1981), appeal docketed, Fla.Sup.Ct. No. 61,-488, (Sarmiento not applicable to conversations in defendant’s place of business); Pad-gett v. State, 404 So. 2d 151 (Fla. 1st DCA 1981) (motel room not functional equivalent of home for purposes of Sarmiento); Pittman v. State, 397 So. 2d 1205 (Fla. 1st DCA 1981) (Sarmiento not controlling when conversations took place in a restaurant, an outdoor rural setting an…

Authorities Cited

• State v. Segura, 378 So. 2d 1240 (Fla. 2d DCA 1979)
• Manner v. State, 387 So. 2d 1014 (Fla. 4th DCA 1980)
• State v. Casesa, 392 So. 2d 1022 (Fla. 5th DCA 1981)