GUSTAVO GROSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1987-04-07
No. 85-1423
Before HUBBART, FERGUSON and JORGENSON, JJ.
505 So. 2d 16 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

On a finding that the evidence presented against the defendant, in support of a conviction for two counts of first-degree murder, was overwhelming, see Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982), and that the court did not err in giving a, flight instruction where the defendant left the jurisdiction shortly after the murders and was not apprehended until three years later in the state of New York, see Proffitt v. State, 315 So. 2d 461 (Fla.1975), affd, 428 U.S. 242, 96 S.Ct. 2960, 49 L.Ed.2d 913 (1976), the convictions and sentences are

AFFIRMED.

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  • Gallagher v. State, 570 So. 2d 442 (Fla. 3d DCA 1990)
    …cchicone v. State, 570 So. 2d 902 (Fla.1990); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Duest v. State, 462 So. 2d 446 (Fla.1985); Jones v. State, 289 So. 2d 725 (Fla.1974); State v. Miller, 555 So. 2d 391 (Fla. 3d DCA 1989); Peterson v. State, 505 So. 2d 16 (Fla. 3d DCA 1987); Wooten v. State, 464 So. 2d 640 (Fla. 3d DCA), rev. denied, 475 So. 2d 696 (Fla.1985). Regarding the issue of retrograde extrapolation of blood alcohol levels, we re-certify to the Florida Supreme Court the same question of gre…
  • Fenelon v. State, 594 So. 2d 292 (Fla. 1992)
    …t, other cases seem to define “flight” as leaving the jurisdiction. See, e.g., Ventura v. State, 560 So. 2d 217 (Fla.), cert. denied, — U.S. -, 111 S.Ct. 372, 112 L.Ed.2d 334 (1990); Green v. State, 571 So. 2d 571 (Fla. 3d DCA 1990); Gross v. State, 505 So. 2d 16 (Fla. 3d DCA 1987); Hargrett v. State, 255 So. 2d 298 (Fla. 3d DCA 1971). Still other cases use “flight” to mean the defendant ran from police or resisted arrest. See, e.g., Brown v. State, 526 So. 2d 903 (Fla.), cert. denied, 488 U.S. 944, 109 S.Ct…

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