MARK F. KOZERSKI, ET AL., APPELLANTS,

v.

STATE OF FLORIDA, DIVISION OF RETIREMENT, APPELLEE

Citator

Cited By

• Kingery v. State, 523 So. 2d 1199 (Fla. 1st DCA 1988)
  …tions which are confusing, contradicting, or misleading.” Butler v. State, 493 So. 2d 451 (Fla.1986). Furthermore, a jury instruction must not suggest that the excusable homicide defense is unavailable if a dangerous weapon was used. Young v. State, 509 So. 2d 1339 (Fla. 1st DCA 1987); Ortagus v. State, 500 So. 2d 1367 (Fla. 1st DCA 1987); Clark v. State, 461 So. 2d 131 (Fla. 1st DCA 1984); Bowes v. State, 500 So. 2d 290 (Fla. 3d DCA 1986), review denied, 506 So. 2d 1043 (Fla.1987); Parker v. State, 495 So. 2d…
• Hammonds v. State, 548 So. 2d 909 (Fla. 1st DCA 1989)
  …ing to the jury because it would give them the impression that there can be no excusable homicide when a dangerous weapon is involved which is not the state of the law, and it’s clearly set forth for this Court in the case of Young vs State found at 509 So. 2d 1339 which I furnished to the state attorney and will now furnish to the Court. THE COURT: Let me see it. Which particular headnote is it? Where is it? MS. SASSER: It would be number one, Your Honor. THE COURT: On that it said that the trial court’s i…

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• York v. State, 599 So. 2d 199 (Fla. 2d DCA 1992)
  …948.-01(4), Florida Statutes, community control may be imposed only for felony offenses. Despite the appellant’s failure to object, the revocation and subsequent sentences are void. DeLeon v. State, 536 So. 2d 305 (Fla. 2d DCA 1988). Young v. State, 509 So. 2d 1339 (Fla. 1st DCA 1987). Accordingly, we affirm in part and reverse in part and remand for resentencing the appellant’s misdemeanor convictions. PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
• Dep't OF Bus. Reg. v. Hyman, 417 So. 2d 671 (Fla. 1982)
• Hillman v. Division OF Retirement, 446 So. 2d 158 (Fla. 1st DCA 1984)