WILLIE ROY BOSTICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-02-01
No. 88-642
SMITH, C.J., and NIMMONS, J., concur.
537 So. 2d 706 Florida District Court of Appeal, First District (1989) Negative Treatment
Cited by 10 cases


Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

Appellant, charged in Count I of an information with manslaughter, by hitting the victim with a motor vehicle, and in Count II with grand theft, was found guilty by the jury of the lesser offense of culpable negligence by causing injury, a first degree misdemeanor, and grand theft. Following the trial, appellant moved and was granted a new trial on the grand theft charge only, and the case as to that offense is still pending. The judgment of guilt, however, reflects that appellant was found guilty of the offense of “CT. 1, GRAND THEFT,” rather than the offense of culpable negligence. This is error because appellant was granted a new trial on the grand theft charge.

The judgment is REVERSED and the cause REMANDED for entry of a corrected judgment.

SMITH, C.J., and NIMMONS, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Arthur v. Hillsborough Cnty. Bd. of Crim. Just., 588 So. 2d 236 (Fla. 2d DCA 1991)
    …s again before this court upon remand from the United States Supreme Court. Arthur v. Hillsborough County Board of Criminal Justice, — U.S.-, 111 S.Ct. 27, 112 L.Ed.2d 6 (1990). This court on the authority of its earlier decision in Howlett v. Rose, 537 So. 2d 706 (Fla. 2d DCA), review denied, 545 So. 2d 1367 (Fla. 1989) and the Florida Supreme Court’s decision in Hill v. Department of Corrections, 513 So. 2d 129 (Fla.1987), cert. denied, 484 U.S. 1064, 108 S.Ct. 1024, 98 L.Ed.2d 989 (1988), had dismissed the…
  • Sanchez v. Degoria, 733 So. 2d 1103 (Fla. 4th DCA 1999)
    …n of section 768.72 to section 1983 claims brought in Florida state court. Felder, they claim, is distinguishable. In Howlett, the United States Supreme Court reversed the decision of the Second District Court of Appeal of Florida, Howlett v. Rose, 537 So. 2d 706 (Fla. 2d DCA), rev. denied, 545 So. 2d 1367 (Fla.1989), which had held that Florida’s waiver of statutory immunity effectuated by section 768.28, Florida Statutes (1985), did not extend to section 1983 claims. The Supreme Court held that the Florida…
  • Arthur v. Hillsborough Cnty. Bd. of Crim. Just., 563 So. 2d 94 (Fla. 2d DCA 1990)
    …PER CURIAM. Dismissed. See Hill v. Dep ’t of Corrections, 513 So. 2d 129 (Fla. 1987), cert. denied, 484 U.S. 1064, 108 S.Ct. 1024, 98 L.Ed.2d 989 (1988); Howlett v. Rose, 537 So. 2d 706 (Fla. 2d DCA), review denied, 545 So. 2d 1367 (Fla. 1989), cert. granted, — U.S. ——, 110 S.Ct. 403, 107 L.Ed.2d 369 (1989). LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.…

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