RONALD H. SANDS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• State v. Hunwick, 446 So. 2d 214 (Fla. 4th DCA 1984)
  …So. 2d 1199 (Fla.1982). Like summary judgment motions in civil eases, Criminal Procedure Rule 3.190(c)(4) motions should be granted rarely, for in most cases there are factual disputes that are properly to be resolved by the jury. State v. Carroll, 404 So. 2d 844 (Fla. 5th DCA 1981); Jones v. State, 392 So. 2d 18 (Fla. 1st DCA 1980); State v. West, 262 So. 2d 457 (Fla. 4th DCA 1972). On a motion to dismiss, the state is entitled to a construction most favorable to it; all inferences are resolved against the…
• Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
  …3d DCA 1963). A trial judge is not bound, as a matter of law, to accept as true a defendant’s explanation of his possession of recently stolen property when tendered on a motion under Florida Rule of Criminal Procedure 3.190(c)(4). State v. Carroll, 404 So. 2d 844 (Fla. 5th DCA 1981). Likewise, the trial judge is not bound on a motion for a judgment of acquittal, made at the close of all evidence in a case, to accept as true as a matter of law a defendant’s explanation of his possession of recently stolen pro…
• Coleman v. State, 466 So. 2d 395 (Fla. 2d DCA 1985)
  …R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981) (juvenile’s unrefuted explanation that he bought stolen Moped at a flea market). The state argues that the reasonableness of appellant’s explanation is a jury question. Thus, in State v. Carroll, 404 So. 2d 844 (Fla. 5th DCA 1981), in which the defendant stated that he obtained the stolen record player from an individual named “Johnny” the day before he sold it, the court said: [T]he question as to whether the appellant knew the record player was stolen i…