DAVID LANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID LANDERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
562 So. 2d 443
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
Appellant raises three issues on appeal, of which we find merit in only one. We order the attorney’s fees and costs provision stricken since they were imposed without prior notice and an opportunity to be heard. Barron v. State, 524 So. 2d 1138 (Fla. 2d DCA 1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984).
CAMPBELL, C.J., and SCHOONOVER and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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E.M. v. State, 61 So. 3d 1255 (Fla. 3d DCA 2011)…red by some courts to be less harmful in those cases in which the defendant denies being present during the transaction, since under these circumstances the defendant is less likely to be convicted through "guilt by association.” See Davis v. State, 562 So. 2d 443 (Fla. 2d DCA 1990). Where an "isolated characterization of a neighborhood was a brief comment and was not repeated in the remaining testimony or mentioned in closing,” the error has been considered harmless and deemed insufficient to provide a basis…
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Lelieve v. State, 7 So. 3d 624 (Fla. 3d DCA 2009)…some courts to be less harmful in those cases in which the defendant denies being present during the [*631] transaction, since under these circumstances the defendant is less likely to be convicted through “guilt by association.” See Davis v. State, 562 So. 2d 443 (Fla. 2d DCA 1990). Where an “isolated characterization of a neighborhood was a brief comment and was not repeated in the remaining testimony or mentioned in closing,” the error has been considered harmless and deemed insufficient to provide a basis…1 / 2
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Johnson v. State, 670 So. 2d 1121 (Fla. 5th DCA 1996)…red by some courts to be less harmful in those cases in which the defendant denies being present during the transaction, since under these circumstances the defendant is less likely to be convicted through “guilt by association.” See Davis v. State, 562 So. 2d 443 (Fla. 2d DCA 1990). Where an “isolated characterization of a neighborhood was a brief comment and was not repeated in the remaining testimony or mentioned in closing,” the error has been considered harmless and deemed insufficient to provide a basis…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Barron v. State, 524 So. 2d 1138 (Fla. 2d DCA 1988)