DAVID LEE HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID LEE HALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
568 So. 2d 1346
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Cobb v. State, 567 So. 2d 554 (Fla. 1st DCA 1990); Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990). Fla.R.App.P. 9.315(a). We certify the following question to the supreme court as one of great public importance:
DOES A JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES FOR § 921.087, FLA. STAT.?
SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.
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Chapman v. State, 593 So. 2d 605 (Fla. 4th DCA 1992)…ns. Pentecost v. State, 545 So. 2d 861 (Fla.1989). It appears that the legal standard to be applied in this situation is whether there is a reasonable doubt about the ability of the juror to decide the case fairly and impartially. Polynice v. State, 568 So. 2d 1346 (Fla. 4th DCA 1990). As we said in Sydleman v. Benson, 463 So. 2d 533 (Fla. 4th DCA 1985): However, the impartiality of the finders of fact is an absolute prerequisite to our system of justice. Close cases should be resolved in favor of excusing th…
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…ate, 513 So. 2d 689 (Fla. 5th DCA 1987)) but because of section 921.187 which catalogs all statutory sentencing alternatives. Subsection (1)(g) of that statute describes true split sentences but not "probationary” split sentences. See Hall v. State, 568 So. 2d 1346 (Fla. 1st DCA 1990); Curry v. State, 568 So. 2d 1346 (Fla. 1st DCA 1990); Mickens v. State, 568 So. 2d 947 (Fla. 1st DCA 1990); Cobb v. State, 567 So. 2d 554 (Fla. 1st DCA 1990); Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990); Schesny v. State, 5…1 / 2
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Denmark v. State, 656 So. 2d 166 (Fla. 1st DCA 1995)…and testified against him at trial. Under section 913.03(9), Florida Statutes (1989),1 Denmark’s counsel could have challenged the juror for cause, yet, after questioning the juror about his impartiality, did not do so. See, e.g., Polynice v. State, 568 So. 2d 1346 (Fla. 4th DCA 1990). Denmark thus waived this issue for appeal by failing to challenge the juror for cause before the jury was sworn. State v. Rodgers, 347 So. 2d 610 (Fla. 1977); Ex parte Sullivan, 155 Fla. 111, 19 So. 2d 611 (1944). We therefore a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Talmadge Hayes v. State, 566 So. 2d 945 (Fla. 2d DCA 1990)
- Ross v. State, 567 So. 2d 554 (Fla. 1st DCA 1990)
- Faulk v. State, 567 So. 2d 554 (Fla. 1st DCA 1990)