ROBERTO MENDOZA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-02-08
No. 82-615
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
427 So. 2d 212 Florida District Court of Appeal, Third District (1983) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Tibbs v. State, 397 So. 2d 1120, 1123 (Fla.1981), aff’d, - U.S. -, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). § 90.612, Fla.Stat. (1981); Ellis v. State, 25 Fla. 702, 6 So. 768 (1889). Clinton v. State, 53 Fla. 98, 43 So. 312 (1907); Williams v. State, 400 So. 2d 471 (Fla. 5th DCA), aff’d on other grounds, 406 So. 2d 1115 (Fla.1981).


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  • Chaeld v. State, 599 So. 2d 1362 (Fla. 1st DCA 1992)
    …properly denied the appellant’s request for a Faison instruction. We note, however, probable conflict with Keller v. State, 586 So. 2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So. 2d 881, 883 (Fla. 3d DCA 1990); and Hrindich v. State, 427 So. 2d 212, 213 (Fla. 5th DCA), petition for rev. dismissed, 431 So. 2d 989 (Fla.1983). Finally, we also affirm the judge’s denial of the appellant’s alternative request to instruct the jury that he could not be found guilty of false imprisonment if his restr…
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  • State v. Mendoza, 444 So. 2d 570 (Fla. 3d DCA 1984)
    …tes (1981). The trial court sentenced Mendoza to life imprisonment, requiring him to serve a minimum mandatory prison term of twenty-five years before becoming eligible for parole. After his conviction was affirmed on appeal, see Mendoza v. State, 427 So. 2d 212 (Fla. 3d DCA 1983), Mendoza moved in the trial court to correct his sentence, asserting that since the death penalty can no longer be imposed for sexual battery, the offense is no longer a capital crime punishable by a denial of eligibility of parol…

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