BILLY TURNER, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Hart, 677 So. 2d 385 (Fla. 4th DCA 1996)
  …t for sentencing enhancement under section 775.085, Stalder does not require that prejudice be the sole motivating factor for the underlying crime. The supreme court cited with approval Dobbins v. State, 605 So. 2d 922 (Fla. 5th DCA 1992), affirmed, 631 So. 2d 303 (Fla.1994), which stated that an enhanced penalty was [*387] appropriate under the statute if a battery was motivated “in whole or in part” because of religious prejudice. State v. Stalder, 630 So. 2d at 1076. The essence of criminality under sectio…
• In re Standard Jury Instructions IN Crim. Cases-Report 2007-01, 965 So. 2d 811 (Fla. 2007)
  …wledge of the victim’s identification with certain enumerated groups may be based “in whole or in part” on that perception or knowledge. The Committee proposed the quoted phrase, citing Dobbins v. State, 605 So. 2d 922 (Fla. 5th DCA 1992), approved, 631 So. 2d 303 (Fla.1994), a decision approved by this Court in upholding the constitutionality of section 775.085, Florida Statutes (1989). See State v. Stalder, 630 So. 2d 1072, 1077 (Fla.1994). Because section 775.085 does not include the proposed language, how…
• Shabazz Randazo Harris v. State, 655 So. 2d 1179 (Fla. 1st DCA 1995)
  …ral pronouncement at the sentencing proceedings. It is well settled that a written probation order may not impose conditions of probation that were not orally pronounced. Turner v. State, 615 So. 2d 819 (Fla. 1st DCA 1993), quashed on other grounds, 631 So. 2d 303 (Fla.1994); Coupe v. State, 591 So. 2d 304 (Fla. 1st DCA 1991). In this case, conditions of probation were imposed in paragraph fifteen of the probation order that were not orally pronounced. On resentencing, the court is free to reimpose those cond…

Authorities Cited

• Brown v. State, 629 So. 2d 841 (Fla. 1994)
• Turner v. State, 615 So. 2d 819 (Fla. 1st DCA 1993)