STATE OF FLORIDA, APPELLANT,
v.
DAVID ALLEN WHITE, APPELLEE

Fla. 4th DCA | 1994-02-09
No. 93-0590
DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.
636 So. 2d 753 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm on the authority of State v. Schafer, 583 So. 2d 374 (Fla. 4th DCA 1991), appeal dismissed, 598 So. 2d 78 (Fla.1992); State v. Gifford, 558 So. 2d 444 (Fla. 4th DCA 1990); and Albo v. State, 477 So. 2d 1071 (Fla. 3d DCA 1985). We acknowledge conflict with the decision in Mayberry v. State, 561 So. 2d 1201 (Fla. 2d DCA 1990).

DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.


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  • State v. Mancuso, 652 So. 2d 370 (Fla. 1995)
    …HARDING, Justice. We have for review Mancuso v. State, 636 So. 2d 753, 755 (Fla. 4th DCA 1994), in which the Fourth District Court of Appeal certified the following question to be one of great public importance: IN A PROSECUTION FOR VIOLATION OF SECTION 316.027, FLORIDA STATUTES (1991), MUST THE STATE SHOW THAT THE D…
  • State v. White, 660 So. 2d 664 (Fla. 1995)
  • State v. Zachariah Dorsett, 158 So. 3d 557 (Fla. 2015)
    …on to this Court: “In a prosecution for violation of section 316.027, Florida Statutes (1991), must the State show that the defendant knew or should have known of the injury or death; and the jury be so instructed?” Id. at 370; see Mancuso v. State, 636 So. 2d 753, 756 (Fla. 4th DCA 1994). On review, we relied on our decision in Stanfill v. State, 384 So. 2d 141 (Fla.1980), to answer the question. In that case, we rejected the contention that section 316.027 created two offenses — the misdemeanor of unlawful…

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