LUIS RODRIGUEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Stacey v. State, 660 So. 2d 1083 (Fla. 5th DCA 1995)
  …eadly weapons, depending on the circumstances. Lynn v. State, 567 So. 2d 1043 (Fla. 5th DCA 1990); State v. Jeffers, 490 So. 2d 968 (Fla. 5th DCA 1986); Duba v. State, 446 So. 2d 1167 (Fla. 5th DCA 1984). However, as indicated in Neskovski v. State, 568 So. 2d 468 (Fla. 5th DCA 1990), a “gun” is not necessarily a “firearm.” To impose the minimum mandatory sentence, the fact-finder must conclude that the defendant had a “firearm,” as defined by the statute, in his possession at the time of the crime. As Judge…
• Hasty v. State, 599 So. 2d 186 (Fla. 5th DCA 1992)
  …was wilful or inadvertent, whether the violation was trivial or substantial and what effect it had on the defendant’s ability to prepare for trial. The failure to do so is per se error. Smith v. State, 500 So. 2d 125 (Fla.1986); Neskovski v. State, 568 So. 2d 468 (Fla. 5th DCA 1990). Finally, while the other discovery “delays”, “omissions” and “misdirections” of which appellant complains do not meet the per se error test, their cumulative weight reinforces our conclusion that the per se error warrants a new…

Authorities Cited

• Tucker v. State, 555 So. 2d 1298 (Fla. 3d DCA 1990)
• Blaylock v. State, 537 So. 2d 1103 (Fla. 3d DCA 1988)