LEYDA FIDALGO, APPELLANT,

v.

CARLOS FIDALGO, APPELLEE

Citator

Cited By

• Gallo v. State, 491 So. 2d 541 (Fla. 1986)
  …E STATE ENTITLED TO HAVE JURY INSTRUCTIONS GIVEN ON NECESSARILY INCLUDED LESSER OFFENSES IN A CASE WHERE THE DEFENDANT REQUESTS THAT NO SUCH INSTRUCTIONS BE GIVEN AND KNOWINGLY AND INTELLIGENTLY WAIVES HIS RIGHT TO SUCH INSTRUCTION? Gallo v. State, 472 So. 2d 491, 492 (Fla. 4th DCA 1985). This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We answer in the affirmative and approve the opinion of the district court. A four-count information charged Gallo with kidnapping w…
• Gallo v. State, 571 So. 2d 78 (Fla. 4th DCA 1990)
  …’s motion for postconviction relief concluding that the motion was untimely because it was filed more than two years after this court affirmed Gallo’s conviction with an opinion certifying a question to the Florida Supreme Court. See Gallo v. State, 472 So. 2d 491 (Fla. 4th DCA 1985). However, we conclude that the motion was timely because it was filed within two years after the Florida Supreme Court issued its mandate answering the certified question of great public importance from this court. See Gallo v. S…
• Sinclair Johnson v. State, 572 So. 2d 957 (Fla. 1st DCA 1990)
  …n apparently overlooked the fact that some of the lesser included offenses the state requested involved category 2-lesser offenses.4 The supreme court nevertheless approved the following language from the Fourth District's opinion in Gallo v. State, 472 So. 2d 491 (Fla. 4th DCA 1985): “[Sjince the charging document, as a matter of law, includes all necessarily lesser included offenses that the state may have charged, we believe the state was entitled to have the jury consider the appellant’s liability for su…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Tronconi v. Tronconi, 466 So. 2d 203 (Fla. 1985)