JOSE HURTADO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE HURTADO, APPELLANT,
STATE OF FLORIDA, APPELLEE
546 So. 2d 1176
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 5 cases
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Opinion of the Court
[*1177] PER CURIAM.
We affirm defendant’s convictions for trafficking in cocaine and conspiracy to traffic in cocaine. See Huff v. State, 537 So. 2d 1130 (Fla.2d DCA 1989); McElrath v. State, 516 So. 2d 276 (Fla.2d DCA 1987).
This case provides a propitious occasion to reiterate the following statement made by this court in Smith v. Mogelvang, 432 So. 2d 119, 125 (Fla.2d DCA 1983):
Unnecessary departures from the standard jury instructions may undermine the unquestionably beneficial effect of those forms on the Florida trial system as a whole. That system depends in large part for its fairness and effective functioning upon reasonably predictable rules and rulings in the conduct of trials. Those instructions “state as accurately as a group of experienced lawyers and judges could state the law of Florida in simple understandable language.” In re: Use by the Trial Courts of the Standard Jury Instructions, 198 So. 2d 319, 319 (Fla.1967).
DANAHY, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Gidden v. State, 613 So. 2d 457 (Fla. 1993)…ing forth the basis for indirect criminal contempt, are not required under rule 3.840(a)(6), Florida Rules of Criminal Procedure, where sufficient oral findings are made on the record. The district court certified conflict with Hofeling v. Hofeling, 546 So. 2d 1176 (Fla. 2d DCA 1989).1 For the reasons expressed, we approve the decision of the district court. The record in this case reflects that Gid-den was arrested and charged with one count of resisting an officer with violence. He was released on bond. He…
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Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA 1992)…written findings in a judgment of indirect criminal contempt where the judge’s findings on the record serve to advise the defendant of the basis for the judgment and permit meaningful appellate review. We certify conflict with Hofeling v. Hofeling, 546 So. 2d 1176 (Fla. 2d DCA 1989). AFFIRMED. COBB, COWART, HARRIS, PETERSON, GRIFFIN and DIAMANTIS, JJ., concur. DAUKSCH, J., dissents without opinion. W. SHARP, J., dissents with opinion. . In contrast, Florida Rule of Criminal Procedure 3.830 governing dire…1 / 2
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In re Luskin, 552 So. 2d 942 (Fla. 4th DCA 1989)…pt of court when she failed to appear. This court ruled that the proper procedure to be followed upon the wife’s failure to show was for the lower court to issue a warrant for her arrest and have her brought before it. See also Hofeling v. Hofeling, 546 So. 2d 1176 (Fla. 2d DCA 1989). We conclude that it was error to proceed with the indirect criminal contempt hearing under these circumstances. Therefore the contempt judgment is reversed. Upon remand, the proceedings may continue under the rule after issuanc…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. L. Christian Mogelvang, M.D., 432 So. 2d 119 (Fla. 2d DCA 1983)
- In re the use by the trial courts of the Standard Jury Instructions, 198 So. 2d 319 (Fla. 1967)
- McELRATH v. State, 516 So. 2d 276 (Fla. 2d DCA 1987)
- Huff v. State, 537 So. 2d 1130 (Fla. 2d DCA 1989)