ANDREW KOTCHERHA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-11-02
No. 88-0641
LETTS and WALDEN, JJ., concur., ANSTEAD, J., dissents in part with opinion.
534 So. 2d 745 Florida District Court of Appeal, Fourth District (1988) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

LETTS and WALDEN, JJ., concur.

ANSTEAD, J., dissents in part with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting in part.

I agree that the appellant could be convicted and sentenced for both aggravated battery and attempted armed robbery, but I believe the trial court erred in deviating from the guidelines in the sentence.


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  • Anderson v. Rosetree Vill. Ass'n, Inc., 540 So. 2d 173 (Fla. 2d DCA 1989)
    …wdeshell v. First National Bank of Clearwater, 369 So. 2d 432, 433 (Fla. 2d DCA 1979). “[I]f the record raises even the slightest doubt that an issue [of material fact] might exist,” summary judgment is improper. Dettloff v. Abraham Chevrolet, Inc., 534 So. 2d 745, 747 (Fla. 2d DCA 1988) (quoting Snyder v. Cheezem Development Corp., 373 So. 2d 719, 720 (Fla. 2d DCA 1979)). Reversed and remanded for proceedings not inconsistent herewith. FRANK and PARKER, JJ., concur.…
  • Nixon v. State, 536 So. 2d 391 (Fla. 4th DCA 1989)
    …nd write only to inform readers that before issuing the opinion we confirmed from the records and files in this court that the facts in this case were dissimilar to those in Jones v. State, 528 So. 2d 490 (Fla. 4th DCA 1988), and Kotcherha v. State, 534 So. 2d 745 (Fla. 4th DCA 1988), wherein the charges arose from a related series of acts, rather than a discrete event arising from a single criminal intent.…
  • Bitz v. ED Knox CLU & Assocs., P.A., 721 So. 2d 823 (Fla. 3d DCA 1998)
    …ge in the suit. Given these conflicting factual scenarios, we conclude that the trial court erred in entering summary judgment in Knox’s favor. See Hudlett v. Sanderson, 715 So. 2d 1050, 1052 (Fla. 4th DCA 1998); Dettloff v. Abraham Chevrolet, Inc., 534 So. 2d 745, 747 (Fla. 2d DCA 1988); Godbey v. Dresner, 492 So. 2d 800, 802 (Fla. 2d DCA 1986). In granting this summary judgment, the trial court obviously elected to believe Knox’s evidence over the appellants’ and [*825] thus, in the process, impermissibly e…

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