WILLIAM CARROLL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIAM CARROLL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
601 So. 2d 268
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed.
JORGENSON and GODERICH, JJ., concur.
Concurrence
COPE, Judge
(specially concurring).
In my view there was at least one valid reason for the departure sentence with respect to the substantive offense — flagrant disregard for the safety of the three small children in the car, who were endangered by appellant’s conduct. See Scurry v. State, 489 So. 2d 25 (Fla.1985) (finding departure reason valid, but not as applied to the facts there presented). Therefore, defense counsel’s advice was correct, and defendant had effective, not ineffective, assistance of counsel.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Cochran, 667 So. 2d 850 (Fla. 2d DCA 1996)…t’s order granting the motion for judgment of acquittal. We disagree. Pursuant to section 924.07(1)(j), Florida Statutes (1993), the state may appeal a ruling granting a motion for judgment of acquittal after a jury verdict. See also State v. Smith, 601 So. 2d 268 (Fla. 1st DCA), review denied, 605 So. 2d 1266 (Fla.1992). Second, for purposes of this appeal, we accept the trial court’s determination that Cochran’s initial arrest was unlawful. However, a suspect is not justified in committing a battery on a…
Authorities Cited
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)