MARCUS DEON SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARCUS DEON SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
513 So. 2d 1113
Florida District Court of Appeal, First District (1987)
Positive Treatment
Cited by 24 cases
Opinion of the Court
PER CURIAM.
Appellee filed a motion to relinquish jurisdiction so that the trial court could vacate appellant’s sentence and impose a sentence which did not exceed the statutory maximum. The only issue raised by appellant is the imposition of a sentence in excess of the statutory maximum. Therefore, the motion to relinquish jurisdiction is denied. See Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987).
Accordingly, appellant’s sentence is vacated and this cause is remanded for resentencing.
MILLS, JOANOS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Norman v. Gloria Farms, Inc., 668 So. 2d 1016 (Fla. 4th DCA 1996)…aring on the motion for a new trial. We believe that the inquiry by deposition alone was insufficient. Rather, in such a situation, a juror interview conducted by the trial judge would have been the proper procedure to follow. See Sconyers v. State, 513 So. 2d 1113, 1117 (Fla. 2d DCA 1987). Although no rule of procedure requires that the inquiry be conducted in the presence of the court, the strong public policy against allowing litigants to harass jurors and the limited scope of any inquiry concerning jury de…
-
Powell v. Allstate Ins. Co., 652 So. 2d 354 (Fla. 1995)…s as when the jury decides the case by quotient, lot or chance, Marks; a disqualifying act of a juror which brings the latter's fairness into serious question, as when the juror lies about a material matter during jury selection, Sconyers [v. State, 513 So. 2d 1113 (Fla.2d DCA 1987)], or expresses vile racial, religious or ethnic slurs about a party or witness, [United States v. Heller [785 F. 2d 1524 (11th Cir.1986)]; or jury exposure to alleged facts about the case which were never introduced in evidence, as…
-
Ramirez v. State, 922 So. 2d 386 (Fla. 1st DCA 2006)…terated this view in Power v. State, 886 So. 2d 952, 957 (Fla.2004), our attention has been drawn to no case in which the sufficiency of a request for juror interviews turned solely on the lack of sworn allegations.2 See generally Sconyers v. State, 513 So. 2d 1113, 1114-16 (Fla. 2d DCA 1987) (reversing denial of unsworn post-judgment motion to interview jurors). But see generally Gilliam v. State, 582 So. 2d 610, 611 (Fla.1991) (noting that no affidavits had been filed in concluding that the motion did not al…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987)