ELADIO T. ELIZAGARATE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (29 total)

• Nusspickel v. State, 966 So. 2d 441 (Fla. 2d DCA 2007)
  …sed by the judge in arriving at a sentence was fair, particularly whether the factors taken into consideration were relevant and reliable. Nusspickel cites to several cases that discuss an exception to the general rule, including Epprecht v. State, 488 So. 2d 129 (Fla. 3d DCA 1986), and its progeny, Doty v. State, 884 So. 2d 547 (Fla. 4th DCA 2004), Seays v. State, 789 So. 2d 1209 (Fla. 4th DCA 2001), and Cook v. State, 647 So. 2d 1066 (Fla. 3d DCA 1994). In Epprecht, the Third District held “that the due pr…
• Howard v. State, 820 So. 2d 337 (Fla. 4th DCA 2002)
  …nsidered all issues raised by appellant in challenging his conviction but find them to be without merit. Therefore, we affirm both his conviction and sentence. AFFIRMED. GUNTHER J. and DELL, JOHN W., Senior Judge, concur. . See Epprecht v. State, 488 So. 2d 129, 131 (Fla. 3d DCA 1986) (citing Townsend v. Burke, 334 U.S. 736, 740, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948)). . See, e.g., Brown v. State, 763 So. 2d 1190 (Fla. 4th DCA 2000) (concluding that jury's acquittal of defendant for charges of armed sexual…
• Futo Charles v. State, 204 So. 3d 63 (Fla. 4th DCA 2016)
  …Because the record in this case reflects that the trial court may have relied on an impermissible consideration, the state bore the burden of demonstrating that the improper consideration “played no part in the sentence imposed.” Epprecht v. State, 488 So. 2d 129, 131 (Fla. 3d DCA 1986). The totality of the circumstances—the defendant’s two-year cooperation with law enforcement, the original plea offers, the sentences of the co-defendants, the defendant’s acquittal of multiple firearms charges, the improper…

Authorities Cited

• State v. Smith, 470 So. 2d 764 (Fla. 5th DCA 1985)
• Wade v. State, 488 So. 2d 127 (Fla. 3d DCA 1986)