JOHN PATRICK, ET AL., APPELLANTS,

v.

PHYLLIS BROWN, APPELLEE

Citator

Cited By

• Smith v. State, 650 So. 2d 689 (Fla. 3d DCA 1995)
  …y to a third degree felony based on the victim’s age requires proof of actual knowledge on the part of the defendant that he or she is battering a person 65 years of age or older. Cochran v. State, 622 So. 2d 166 (Fla. 2d DCA 1993); Gordon v. State, 603 So. 2d 512 (Fla. 1st DCA 1992); Bryant v. State, 599 So. 2d 1349 (Fla. 1st DCA 1992); State v. Nelson, 577 So. 2d 971 (Fla. 4th DCA 1991). In so holding, we recognize that since Smith’s commission of this offense, this statute has been amended by the legislat…
• Antwuan Lopez Gordon v. State, 635 So. 2d 1017 (Fla. 1st DCA 1994)
  …SHIVERS, Senior Judge. Antwuan Lopez Gordon has appealed from sentences imposed after remand in Gordon v. State, 603 So. 2d 512 (Fla. 1st DCA 1992). We affirm the sentences imposed for Counts II and III of the information, but vacate the sentences imposed for Counts I and IV and remand for reinstatement of the original sentences. Gordon was convicted of: I. burglary of a dw…

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• Staton v. State, 636 So. 2d 844 (Fla. 5th DCA 1994)
  …se of changes occurring in intervening years as reflected by such cases as Sullivan v. State, 562 So. 2d 813 (Fla. 1st DCA 1990); Bland v. Singletary, 601 So. 2d 1222 (Fla. 1st DCA 1992); DuBoise v. State, 520 So. 2d 260 (Fla.1988); Gordon v. State, 603 So. 2d 512 (Fla. 1st DCA 1992); Helmick v. State, 569 So. 2d 869 (Fla. 2d DCA 1990). We find those cases inapplicable to the issue raised by Staton. Those cases involved a failure to charge an essential element of a crime. The instant case involves a penalty…

Authorities Cited

• ST. Moritz Hotel v. Jimmy C. Daughtry & the Fla. Indus. Comm'n, 249 So. 2d 27 (Fla. 1971)
• Bonura v. Holloway, 334 So. 2d 842 (Fla. 4th DCA 1976)
• Brick v. Brick, 258 So. 2d 7 (Fla. 4th DCA 1971)