BENJAMIN DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Hampton, 692 So. 2d 278 (Fla. 5th DCA 1997)
  …pinion from this court, State v. Bare, 473 So. 2d 799 (Fla. 5th DCA 1985). Other district courts are in agreement with Bare. See, e.g., O’Malley v. Mounts, 590 So. 2d 437 (Fla. 4th DCA 1991), rev. denied, 595 So. 2d 557 (Fla.1992); State v. Guthrie, 567 So. 2d 544 (Fla. 2d DCA 1990); Franklin v. State, 505 So. 2d 1118 (Fla. 2d DCA 1987); State v. Chacon, 479 So. 2d 229 (Fla. 3d DCA 1985), disapproved on other grounds in State v. Fields, 505 So. 2d 1336 (Fla.1987). We agree with the state. In Wells the issue…
• State v. Perez, 72 So. 3d 306 (Fla. 2d DCA 2011)
  …recognized that a more specific statute controls over a more general statute. Telesz, 873 So. 2d at 1237-38 (holding that section 812.035(10) takes precedent over section 775.15 in theft cases and citing collection of authorities); State v. Guthrie, 567 So. 2d 544, 545 (Fla. 2d DCA 1990) (rejecting argument that section 775.15 tolling provision applies to the more specific provision in section 812.035(10) and noting that the latter statute specified that its statute of limitations controls “notwithstanding an…
• Donnie Ray Williams v. State, 707 So. 2d 897 (Fla. 2d DCA 1998)
  …Section 775.15(6), Florida Statutes (1989), which provides that the limitations period may be tolled if the defendant is continually absent from the state, does not apply to this case because the crime charged was grand theft. See State v. Guthrie, 567 So. 2d 544, 545 (Fla. 2d DCA 1990). Section 812.035(10), Florida Statutes, the grand theft statute of limitations, was amended in 1992 to add a similar tolling provision. But that provision does not apply to crimes committed in 1989. See Arnold v. State, 689 S…