KOILE

v.

STATE

Citator

Cited By

• J.D.H. v. State, 931 So. 2d 241 (Fla. 5th DCA 2006)
  …market value. The trial judge simply adopted the victim’s purchase price in setting the restitution amount. We review an order of restitution using an abuse of discretion standard. See Koile v. State, 902 So. 2d 822 (Fla. 5th DCA), review granted, 905 So. 2d 892 (Fla. 2005); Bernard v. State, 859 So. 2d 560, 562 (Fla. 5th DCA 2003). If the award of restitution is supported by competent evidence, an appellate court should not interfere with the trial court’s reasonable exercise of discretion. Bernard, 859 So…
• State v. Holmes, 929 So. 2d 719 (Fla. 5th DCA 2006)
  …ld that a postconviction claim based upon counsel’s failure to request a lesser included offense instruction cannot meet the prejudice prong of Strickland as a matter of law. See Sanders v. State, 847 So. 2d 504 (Fla. 1st DCA 2003), review granted, 905 So. 2d 892 (Fla.2005). Our court has expressed disagreement with Sanders, but holds that the failure to request a jury instruction for a lesser included offense “states a color-able claim of ineffective assistance” which may be assessed “only ... after an evid…
• Solomon D. Roberts v. Jones, 213 So. 3d 912 (Fla. 2017)
  …tition for lack of jurisdiction); Roberts v. State, 924 So. 2d 810 (Fla. 2006) (table) (dismissing mandamus petition); Roberts v. Fla. Bar, 920 So. 2d 627 (Fla. 2005) (table) (dismissing mandamus petition for lack of jurisdiction); Roberts v. State, 905 So. 2d 892 (Fla. 2005) (table) (dismissing mandamus petition); Roberts v. State, 900 So. 2d 554 (Fla. 2005) (table) (dismissing mandamus petition); Roberts v. State, 841 So. 2d 466 (Fla. 2003) (table) (denying notice to invoke discretionary jurisdiction); Robe…