PETER BRUNETTI, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (17 total)

• Zackery Holiday v. State, 753 So. 2d 1264 (Fla. 2000)
  …urt held in Herrera v. State, 594 So. 2d 275 (Fla.1992), that it is not unconstitutional to place the burden on a defendant to prove that he or she was entrapped. See id. at 278 (citing Patterson to support such holding); see also Brunetti v. State, 594 So. 2d 291, 291 (Fla.1992); DeLeon v. State, 594 So. 2d 286 (Fla.1992). Accordingly, based on the above, we hold that it was not fundamental error to give the pre-modified standard instruction on entrapment even though such instruction did not accurately refle…
• State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992)
  …sentence the habitual felony offender as follows: 1. In the case of a felony of the first degree, for life[,] does not make imposition of a life sentence mandatory but rather makes it permissive with the trial court. See also State v. Washington, 594 So. 2d 291 (Fla.1992); State v. Eason, 592 So. 2d 676 (Fla.1992). Brown and Burdick do not control here where the operative phrases are “shall sentence” and “for a term of years”. Neither case holds that a trial court may impose straight probation upon a defe…
• White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)
  …ed by the guidelines. The prosecutor emphasized to the trial court that the habitual violent offender sentencing provisions were mandatory, citing Donald v. State, 562 So. 2d 792 (Fla. 1st DCA1990), rev. den., 576 So. 2d 291 (Fla.1991), disapproved, 594 So. 2d 291 (Fla.1992). The state requested imposition of terms of imprisonment, to run consecutively, with minimum mandatory terms, so that the sentence in fact would achieve at least the bottom guideline range. The trial judge expressed an initial inclination…

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Authorities Cited

• Herrera v. State, 594 So. 2d 275 (Fla. 1992)