TERRENCE MINGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TERRENCE MINGO, APPELLANT,
STATE OF FLORIDA, APPELLEE
626 So. 2d 259
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We grant the motion for rehearing, withdraw our prior opinion and substitute the following opinion in its place.
Affirmed. There was no error in the reading of the jury instructions, merely an error in transcribing the court reporter’s notes which was proved by clear and substantial evidence.
We have reviewed the evidence and conclude that there was evidence presented to support each of the elements of the crime of which appellant was convicted.
HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
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State v. Young, 936 So. 2d 725 (Fla. 1st DCA 2006)…e had failed to set forth a legally sufficient charge for Count One, not on the theory that the information was adequate but, on the merits, the State failed to establish a prima facie case for resisting an officer with violence. See State v. James, 626 So. 2d 259, 261-62 (Fla. 5th DCA 1993) (noting that despite semantics used in trial court, dismissal of counts based on court’s misperception of pleading defect in State’s information did not constitute acquittal based on evidence). We have jurisdiction pursua…
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State v. Robinson, 744 So. 2d 1151 (Fla. 1st DCA 1999)…gainst him after jeopardy has attached on a basis unrelated to factual guilt or innocence suffers no injury cognizable under the double jeopardy clause if the government is permitted to appeal from a trial court ruling in his favor); State v. James, 626 So. 2d 259 (Fla. 5th DCA 1993) (relying on Scott and holding that, even though the motion had been prompted by the trial judge, the state could appeal the dismissal of an indictment pursuant to a motion made by the defendant after jeopardy had attached). We ho…
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State v. Strickler, 712 So. 2d 1218 (Fla. 2d DCA 1998)…ument. See Fla. R.Crim. P. 3.190(c). Although styled a motion for judgment of acquittal, Strickler’s motion was in essence a motion to dismiss the information. As such, the motion was untimely and should not have been considered. See State v. James, 626 So. 2d 259 (Fla. 5th DCA 1993). Regrettably, the trial court permitted Strickler to lodge his untimely challenge to the sufficiency of the information. Had this [*1219] issue been properly raised prior to trial, double jeopardy considerations would not preclu…
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