STATE OF FLORIDA, PETITIONER,
v.
CHARLES FOSTER, RESPONDENT
STATE OF FLORIDA, PETITIONER,
CHARLES FOSTER, RESPONDENT
490 So. 2d 1383
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Certiorari denied.
ORFINGER and COWART, JJ., concur.
COBB, J., dissents with opinion.
Dissent
COBB, Chief Judge,
dissenting:
The state has petitioned for certiorari review of a court order directing a rape victim and her child to submit to an H.L.A. blood test. The trial issue is whether the respondent is guilty of sexual battery. The trial court has no authority to order a physical examination of a witness. State v. Smith, 260 So. 2d 489 (Fla.1972). The instant order, therefore, is a departure from essential requirements of law and should be quashed. Therefore, I dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dolan Robert Kelly v. State, 508 So. 2d 788 (Fla. 5th DCA 1987)…ry (Count II) he was placed on two years’ probation to run consecutive to the confine [*789] ment sentence on Count I. The defendant appealed and this court reduced the robbery conviction to petit theft and remanded for resentencing. Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986). At his sentencing hearing on remand the trial court not only sentenced the defendant on the petit theft charge (Count II) but purported to vacate the prior sentence on the burglary with battery charge (Count I) and to resen-tenc…
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Foster v. State, 596 So. 2d 1099 (Fla. 5th DCA 1992)…So. 2d 44 (Fla.1986), quashing 452 So. 2d 1098 (Fla. 5th DCA 1984). See also, Milam v. State, 505 So. 2d 34 (Fla. 5th DCA 1987); Flarity v. State, 499 So. 2d 18 (Fla. 5th DCA 1986); Hogan v. State, 493 So. 2d 84 (Fla. 4th DCA 1986); Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986); Annot. Use of Force or Intimidation in Retaining Property or In Attempting to Escape, Rather Than in Taking Property, as Element of Robbery, 94 A.L.R.3d 643 (1979). Common law larceny and statutory theft (§ 812.014, Fla.Stat.)…
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Milam v. State, 505 So. 2d 34 (Fla. 5th DCA 1987)…elf comes too late to qualify as an element of the crime of robbery. See also Flarity v. State, 499 So. 2d 18 (Fla. 5th DCA 1986); Hogan v. State, 493 So. 2d 84 (Fla. 5th DCA 1986); Walker v. State, 493 So. 2d 77 (Fla. 4th DCA 1986); Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986). This holding makes it impossible to prove a robbery in the context of an article taken from the shelf of a self-service store. In this case, Milam entered a self-service grocery store. He took two packages of cheese and hid th…
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- State v. Smith, 260 So. 2d 489 (Fla. 1972)