NELSON GUERRA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carswell v. State, 23 So. 3d 195 (Fla. 4th DCA 2009)
  …endant requested affirmative relief — -relief that required the filing of a notice of cross-appeal. See, e.g., Padilla v. State, 905 So. 2d 217, 219 (Fla. 3d DCA 2005); see also Pope v. State, 884 So. 2d 328, 330 (Fla. 2d DCA 2004); Guerra v. State, 546 So. 2d 133 (Fla. 4th DCA 1989). We now hold that the trial court was correct to have entered the judgment of acquittal on the aggravated battery charge. This does not end the inquiry, however. A new trial may be required if the trial court erred in instructin…
• Anthony Crane Rental OF Fla., Inc. v. Cawein, 601 So. 2d 645 (Fla. 4th DCA 1992)
  …Fed. Sav. & Loan v. Tubero, 569 So. 2d 1271, 1273 (Fla.1990). Accordingly, we reverse the order appealed. In addition, we dismiss the cross appeal because Stephanie Cawein failed to file a proper cross appeal. Fla.R.App.P. 9.110(g); Guerra v. State, 546 So. 2d 133, 134 (Fla. 4th DCA 1989). REVERSED AND REMANDED. DELL, GUNTHER and FARMER, JJ., concur.…
• Pope v. State, 884 So. 2d 328 (Fla. 2d DCA 2004)
  …e. Although the issue of the trial court’s failure to impose a life sentence was preserved in the trial court with an appropriate objection, the State has failed to properly present this issue to this court for appellate review. See Guerra v. State, 546 So. 2d 133, 134 (Fla. 4th DCA 1989) (holding that State waived sentencing issue by failing to file a cross-appeal). The disposition for which the State argues— imposition of a life sentence — is therefore not now available. The State’s failure to file a cross-…