ERNEST FLEMMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
While there is no merit in the appellant’s attacks upon his convictions, which claim error in the failure to suppress his confession, see Busch v. State, 392 So. 2d 272 (Fla. 1st DCA 1980), cert. denied, 452 U.S. 909, 101 S.Ct. 3040, 69 L.Ed.2d 412 (1981); State v. Thomas, 405 So. 2d 462 (Fla. 3d DCA 1981); Collier v. State, 353 So. 2d 1219 (Fla. 3d DCA 1977); compare Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), we do agree — as the state concedes — that his sentence for attempted burglary of an occupied dwelling must, after remand, be reduced from fifteen to five years imprisonment. Sec. 777.-04(4)(c), 775.082(3)(d), Fla.Stat. (1979); Fenn v. State, 398 So. 2d 1004 (Fla. 5th DCA 1981). With that exception, the judgments and sentences under review are affirmed.
Affirmed as modified.
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Hernandez v. State, 570 So. 2d 404 (Fla. 2d DCA 1990)…fore trial, although the defense may have had an indication that the state might attempt to introduce the collateral evidence.1 Nor is there any evidence here that Hernandez intentionally abandoned his right to severance. See Barbon-Zurita v. State, 415 So. 2d 824 (Fla. 3d DCA 1982). To the contrary, immediately after the state sought to introduce this prejudicial evidence about the codefendant, Hernandez made continued attempts to obtain severance. A motion for severance should be granted if there is eviden…
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Arocha v. State, 425 So. 2d 186 (Fla. 3d DCA 1983)…PER CURIAM. Appellant and a codefendant were convicted of second-degree murder. The code-fendant’s conviction was affirmed. Barbon-Zurita v. State, 415 So. 2d 824 (Fla. 3d DCA 1982). The contentions here are (1) the trial court should have modified a pretrial stipulation and declared a mistrial, sua sponte, when injustice became apparent, (2) the court’s denial of appellant’s request that counsel for codefend…
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Root v. State, 445 So. 2d 377 (Fla. 3d DCA 1984)…erance and no objection to the subject evidence was ever made below, (b) the defendant through counsel specifically waived his right to a severance in this case, and (c) no fundamental error otherwise appears on this record; Barbon-Zurita, v. State, 415 So. 2d 824 (Fla. 3d DCA 1982); State v. Cole, 413 So. 2d 171 (Fla. 2d DCA 1982); (2) the evidence adduced below was sufficient to sustain the conviction for second degree murder, see Tibbs v. State, 397 So. 2d 1120, 1123 (Fla.1981), cert. granted, 454 U.S. 963…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Payton v. New York, 445 U.S. 573 (U.S. 1980)
- State v. Thomas, 405 So. 2d 462 (Fla. 3d DCA 1981)
- Johnson v. Schweiker, 452 U.S. 909 (U.S. 1981)
- Callwood v. Gov't of the Virgin Islands, 452 U.S. 909 (U.S. 1981)
- Collier v. State, 353 So. 2d 1219 (Fla. 3d DCA 1977)
- Busch v. State, 392 So. 2d 272 (Fla. 1st DCA 1980)
- Fenn v. State, 398 So. 2d 1004 (Fla. 5th DCA 1981)