GARY WILLIAM BENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY WILLIAM BENSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
443 So. 2d 406
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Upon review of the issues raised by appellant and the record of the proceedings below we do not believe reversible error has been demonstrated. For the most part we believe the state’s response to the issues raised adequately sets out the reasons for our decision to affirm. While we have some concern for the degree of rhetoric contained in the state’s closing argument, we do not believe such argument constituted error requiring a new trial. Accordingly, the judgment of the trial court is affirmed.
ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.
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Mitchel Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000)…ction as meaning “more likely to happen than not” or "having a better chance of existing or occurring than not” as argued by the appellant would add nothing to the plain and common meaning of the term and would be unnecessary. . In Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984), the court noted that the Legislature amended section 394.467 to embrace the "manifestly dangerous” test. . The court cited Hendriclcs when it stated that "[t]he high court approved this statutory formula even though dangerousne…
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Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007)…guilty of attempted murder by reason of insanity. We treat the appeal of the order as a petition for writ of certiorari, see Mosher v. State, 876 So. 2d 1230 (Fla. 1st DCA 2004); Patton v. State, 712 So. 2d 1206 (Fla. 1st DCA 1998); Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984), grant the petition, quash the trial court’s order, and remand for further proceedings. Background On July 25, 2002, an information was filed charging the petitioner with attempted first-degree murder. On June 12, 2003, the tri…
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Yusef Furqan v. State, 91 So. 3d 913 (Fla. 2d DCA 2012)…appeal to a petition for writ of certiorari for review of an order continuing involuntary commitment of a defendant adjudicated not guilty by reason of insanity and granting petition based on facial insufficiency of the order), and Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984) (converting appeal to certiorari proceeding for review of an order denying a motion for conditional release of a defendant involuntarily committed after being adjudicated not guilty by reason of insanity and denying cer-tiorari r…
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