MICHAEL RAY SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ADKINS, Justice.
We have for review Smith v. State, 422 So. 2d 1065 (Fla. 1st DCA 1982), which expressly and directly conflicts with State v. Doherty, 240 So. 2d 332 (Fla. 4th DCA 1970). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
We approve and adopt the opinion of the First District Court of Appeal in Smith v. State. We disapprove State v. Doherty to the extent that it holds that the state, demonstrating the veracity of hearsay information relied on for an arrest, must show both the credibility of the informant and the reliability of his information.
It is so ordered.
ALDERMAN, C.J., and BOYD, OVER-TON, McDonald, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (43 total)
-
Bautista v. State, 863 So. 2d 1180 (Fla. 2003)…(b) Who operates a vehicle; and (c) Who, by reason of such operation, causes or contributes to causing: 3.The death of any human being commits DUI manslaughter .... Id. (emphasis added). Relying on the “a/any” test developed in Grappin v. State, 450 So. 2d 480 (Fla.1984), and State v. Watts, 462 So. 2d 813 (Fla. 1985), Bautista argues that because the adjective “any” modifies “human being” in the statute, the killing of multiple persons in a single DUI incident constitutes a single offense of DUI manslaug…1 / 2
-
State v. Watts, 462 So. 2d 813 (Fla. 1985)…wo offenses for two acts which violate one statute. Id. at 510. However, subsequent to the First District Court of Appeal decision in Watt, we adopted both the result and reasoning of the Second District Court of Appeal in Grappin. Grappin v. State, 450 So. 2d 480 (Fla.1984). Thus we must apply the rational of Grappin to the case at bar. In Grappin, we held that the unlawful taking of two or more firearms during the same criminal episode is subject to separate prosecution and punishment under the theft statu…
-
Johnson v. State, 597 So. 2d 798 (Fla. 1992)…and act to take each item. In this case there was one intent and one act of taking the handbag. Had the gun been picked up separately from the taking of the handbag, Getz would allow separate convictions. However, neither Getz nor Grappin v. State, 450 So. 2d 480 (Fla.1984) (where five firearms were knowingly taken), should apply where an enclosed bag and its contents are the subject of the theft in one swift action. Accordingly, there could be only one theft conviction in this case. Finally, we reject the…
Previewing 3 of 43 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Doherty, 240 So. 2d 332 (Fla. 4th DCA 1970)
- Smith v. State, 422 So. 2d 1065 (Fla. 1st DCA 1982)