ROBERT LEE BRANTLEY A/K/A ROBERT BRANTLEY A/K/A CARY BRANTLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The Order of Revocation of Probation is modified to strike therefrom the reference to the violation of probation arising from the admittedly unproved criminal charge filed in Case No. 80-3318, and in all other respects is affirmed, see Downer v. State, 375 So. 2d 840 (Fla.1979) (rehearing); State v. Freber, 366 So. 2d 426 (Fla.1978). Since the record presented on appeal does not contain sufficient information to enable us to determine whether the defendant was entitled to be sentenced as a youthful offender under Section 958.05, Florida Statutes (1979), compare Cannon v. State, 384 So. 2d 970 (Fla. 3d DCA 1980), with Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981), we affirm the sentence imposed without prejudice to the defendant applying to the trial court for sentencing relief under Florida Rule of Criminal Procedure 3.850.
Affirmed as modified.
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Nowitzke v. State, 572 So. 2d 1346 (Fla. 1990)…ury. See Williams v. State, 68 So. 2d 583 (Fla.1953) (reversible error for prosecution to tell jurors that if they should find defendant not guilty by reason of insanity he would be sent to an asylum and soon be released); see also Johnson v. State, 408 So. 2d 813, 816 (Fla. 3d DCA 1982) (state’s comment that “it was ‘unheard of’ for a person to spend more than two years in the state hospital system if found insane” was prejudicial and should not have been made to jury). Such comments constitute reversible er…
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Kruse v. State, 483 So. 2d 1383 (Fla. 4th DCA 1986)…wrong; and (2) his ability to understand the wrongness of the act committed. Gurganus v. State, 451 So. 2d 817, 820 (Fla.1984). Experts are routinely called to testify regarding the defendant’s sanity in precisely these terms, see Johnson v. State, 408 So. 2d 813 (Fla. 3d DCA 1982). In our view, the opinion of Dr. Holland in this case, was more in the nature of a medical opinion that trauma was responsible for the child’s behavioral problems, than a legal conclusion that a criminal act had occurred. As in F…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Freber, 366 So. 2d 426 (Fla. 1978)
- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)
- Downer v. State, 375 So. 2d 840 (Fla. 1979)
- Vassallo v. Fla. Power & Light Co., 384 So. 2d 970 (Fla. 3d DCA 1980)