THE STATE OF FLORIDA, APPELLANT,
v.
JERRY WILLIAMS, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
JERRY WILLIAMS, APPELLEE
547 So. 2d 347
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order dismissing the burglary charges against Jerry Williams. The trial court improperly found section 810.02(1), Florida Statutes (1987), as applied to Williams, violative of the due process clauses of the Florida and United States Constitutions. Dakes v. State, 545 So. 2d 939 (Fla. 3d DCA 1989).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Arvinger, 751 So. 2d 74 (Fla. 5th DCA 1999)…e and improper. See, generally, Williams v. State, 143 So. 2d 484, 488 (Fla.1962). They deprive the parties of their right to a hearing presided over by a fair and impartial judge. Palmer v. State, 739 So. 2d 644 (Fla. 4th DCA 1999); Reyes v. State, 547 So. 2d 347 (Fla. 3d DCA 1989); Fla. R.Crim. P. 3.701(b)(1). On remand, this case should not be handled by Judge Swigert. REVERSED; REMANDED for resen-tencing pursuant to the guidelines. PETERSON and THOMPSON, JJ., concur. . See Pease v. State, 712 So. 2d 37…
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Fogelman v. State, 648 So. 2d 214 (Fla. 4th DCA 1994)…of conveying any intimation as to what view he takes of the ease or that intimates his opinion as to the weight, character, or credibility of any evidence adduced. Leavine v. State, 109 Fla. 447, 147 So. 897, 902-03 (1933). See also Reyes v. State, 547 So. 2d 347 (Fla. 3d DCA 1989). In Millet v. State, 460 So. 2d 489 (Fla. 1st DCA 1984), review dismissed, 466 So. 2d 218 (Fla.1985), the trial court made four comments which indicated the trial court’s belief that the testifying defendant was being unresponsive…
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Baker v. State, 578 So. 2d 37 (Fla. 4th DCA 1991)…ts here were inadvertent and adequately cured by the instructions which followed. The instant case is distinguishable from Redford v. State, 477 So. 2d 64 (Fla. 3d DCA 1985), where no curative instructions were given. Further, unlike Reyes v. State, 547 So. 2d 347 (Fla. 3d DCA 1989), the inadvertent comment in the instant case does not involve a trial judge’s improper comment upon the testimony of witnesses or departure from an impartial role. Appellant argues that the trial court erred in instructing the ju…
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- Dakes v. State, 545 So. 2d 939 (Fla. 3d DCA 1989)