ANTONIO VENZAL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-07-28

No. 91-1977

Before FERGUSON, JORGENSON and LEVY, JJ.

601 So. 2d 644 Florida District Court of Appeal, Third District (1992) Positive Treatment

Cited by 3 cases

Opinion of the Court

PER CURIAM.

Affirmed. Asay v. State, 580 So. 2d 610 (Fla.) (whether premeditation was formed prior to killing is question of fact that may be established by circumstantial evidence), cert. denied, — U.S. -, 112 S.Ct. 265, 116 L.Ed.2d 218 (1991). See also Dino v. State, 405 So. 2d 213 (Fla. 3d DCA 1981) (intent to kill does not have to be contemplated for any particular length of time and may occur moment before act), rev. denied, 413 So. 2d 875 (Fla.1982).

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Citator

Cited By

Donahue v. State, 616 So. 2d 65 (Fla. 1st DCA 1993)

…er status. The state argues that this issue was not properly preserved for appeal. This argument was rejected in Claybourne v. State, 600 So. 2d 516 (Fla. 1st DCA 1992), approved, State v. Claybourne, 616 So. 2d 5 (Fla.1993), and Randall v. State, 601 So. 2d 644 (Fla. 1st DCA 1992). Appellant’s habitual violent felony offender sentence is vacated, and the case is remanded for resentencing. In all other respects, the judgment of the trial court is affirmed. BOOTH, KAHN and MICKLE, JJ., concur.…
Brady Allen Lowe v. State, 612 So. 2d 625 (Fla. 1st DCA 1993)

…statute is entitled to raise the propriety of an habitual offender sentence for the first time on appeal. Claybourne v. State, 600 So. 2d 516, 517 (Fla. 1st DCA 1992). See also Pride v. State, 603 So. 2d 24, 26 (Fla. 1st DCA 1992); Randall v. State, 601 So. 2d 644, 645 (Fla. 1st DCA 1992). The amended version of the statute broadened the category of prior convictions which could be considered as qualifying offenses, and provided that any combination of two or more felonies in this state or other qualified of…
Randall v. State, 616 So. 2d 20 (Fla. 1993)

…OVERTON, Justice. We have for review Randall v. State, 601 So. 2d 644 (Fla. 1st DCA 1992), in which the district court addressed the same question we recently answered in State v. Johnson, 616 So. 2d 1 (Fla.1993).1 In accordance with our decision in Johnson, we approve the decision of the district court in the instant…

Authorities Cited

Asay v. State, 580 So. 2d 610 (Fla. 1991)
Dante Dino, Jr. v. State, 405 So. 2d 213 (Fla. 3d DCA 1981)

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