LESTER JOYNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1993-05-20
No. 79565
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
618 So. 2d 205 Florida Supreme Court (1993) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We review Joyner v. State, 594 So. 2d 328 (Fla. 2d DCA 1992), on the ground of express and direct conflict under article V, section 3(b)(3), Florida Constitution.

Based on this Court’s adoption in McKnight v. State, 616 So. 2d 31 (Fla.1993), of the rationale expressed in King v. State, 597 So. 2d 309 (Fla. 2d DCA), review denied, 602 So. 2d 942 (Fla.1992), the decision of the district court of appeal in the instant case is approved.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.


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  • Bowles v. Singletary, 698 So. 2d 1201 (Fla. 1997)
    …7 So. 2d 1073 (Fla.1986); Cochran v. State, 476 So. 2d 207 (Fla.1985); cf. Joyner v. State, 594 So. 2d 328 (Fla. 2d DCA 1992)(holding that acceptance of community control constituted waiver of right to contest supervision upon revocation), approved, 618 So. 2d 205 (Fla.1993). Both the beneficial opportunities and the potential forfeiture provisions of the Control Release program were created together and were a “package deal” offered to inmates. The consequences of Bowles’ failure to follow the terms of his…
  • Etheria Verdell Jackson v. Dugger, 633 So. 2d 1051 (Fla. 1993)
    …factor, and that, regardless of the instruction given, the jury would have recommended and the judge would have imposed the same sentence. See Thompson v. State, 619 So. 2d 261 (Fla.1993); Slawson v. State, 619 So. 2d 255 (Fla.1993); Happ v. State, 618 So. 2d 205 (Fla.1993). We have also examined each of the claims contained in Jackson’s petition for writ of habeas corpus2 and find that they are without merit and that the petition for writ of habeas corpus should be denied. In summary, we conclude that thi…
  • Happ v. Moore, 784 So. 2d 1091 (Fla. 2001)
    …. 949, 113 S.Ct. 399, 121 L.Ed.2d 325 (1992). On remand, this Court found a challenge to the instruction on the grounds of vagueness had not been preserved for review because no objection on that ground had been asserted at trial. See Happ v. State, 618 So. 2d 205 (Fla.1993). However, this Court ruled alternatively that were it to address the issue, it would find that the reading of the defective instruction was harmless and could not have affected the jury’s recommendation because the facts supported a findi…

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