FULCHER

v.

STATE

Citator

Cited By

• Clines v. State, 912 So. 2d 550 (Fla. 2005)
  …at 722, while the conflicting courts held it does not. Works, 814 So. 2d at 1199; Oberst, 796 So. 2d at 1265. We have jurisdiction to resolve the certified conflict, see art. V, § 3(b)(4), Fla. Const., and granted review. See Clines v. State, [*553] 890 So. 2d 1114, 1114 (Fla.2005) (granting review). We conclude that the statute is ambiguous about whether a defendant may be sentenced under more than one of its recidivist categories. Therefore, we apply the rule of lenity and hold that the statute does not perm…
• Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)
  …obation on an earlier one) would have made little sense if it did not include a waiver of credit for the time served from the initial arrest in 2000, as the law otherwise requires. Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004), case dismissed, 890 So. 2d 1114 (Fla.2004). . Almost as an aside, I doubt both the wisdom and the theoretical defensibility of requiring, not the clerk, but the court itself — whose rulings are presumptively correct and which is supposed to have no interest in the outcome of the…
• Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008)
  …2007), review granted, 968 So. 2d 557 (Fla.2007). Contra, e.g., Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007); but cf. Fulcher v. State, 875 So. 2d 647, 649 (Fla. [*1153] 3d DCA 2004) (Cope & Wells, JJ., specially concurring), case dismissed, 890 So. 2d 1114 (Fla.2004); Ryan v. State, 837 So. 2d 1075 (Fla. 3d DCA 2003); Sommers v. State, 829 So. 2d 379, 380 n. 1 (Fla. 3d DCA 2002). In this case, the defendant’s agreement in writing and in the plea colloquy to having violated probation specifically in re…