HARRY K. SINGLETARY, JR., FLORIDA DEPARTMENT OF CORRECTIONS, APPELLANT,

v.

WILLIE THOMAS, APPELLEE

Citator

Cited By

• State v. Miller, 710 So. 2d 686 (Fla. 2d DCA 1998)
  …sponte reconsidered Miller’s motion and dismissed the information. Ordinarily, when the State files a traverse denying or disputing material factual allegations in a rule 3.190(c)(4) motion, the trial court must deny the motion. See State v. Lukas, 652 So. 2d 1177, 1178 (Fla. 2d DCA 1995); Fla. R.Crim. P. 3.190(d). It is not the trial court’s function to make factual determinations in this context. See State v. Diaz, 627 So. 2d 1314, 1315 (Fla. 2d DCA 1993). The trial court erred by granting Miller’s motion t…
• Romulus Brinkley, Jr. v. State, 874 So. 2d 1199 (Fla. 5th DCA 2004)
  …Kalogeropolous, 758 So. 2d 110, 112 (Fla.2000). Ordinarily when a material factual allegation in a Rule 3.190(c)(4) motion is denied or disputed in a traverse, as in the instant case, the trial court must deny the motion to dismiss. State v. Lu-kas, 652 So. 2d 1177, 1178 (Fla. 2d DCA 1995). However, the traverse did not necessitate denial of the motion to dismiss in the present case because the defendant filed a supplement to his motion in which he accepted the State’s version of the facts as presented in the…
• State v. Jonah Carlos Sanders, 682 So. 2d 593 (Fla. 2d DCA 1996)
  …the pistol. See State v. Diaz, 627 So. 2d 1314 (Fla. 2d DCA 1993). Thus, when construed in a light most favorable to the state, it cannot be said that a. jury could not find that Sanders had knowledge of the presence of the gun. See State v. Lukas, 652 So. 2d 1177 (Fla. 2d DCA 1995). Reversed and remanded. LAZZARA and QUINCE, JJ., concur.…

Authorities Cited

• Booker T. Lincoln v. Fla. Parole Comm'n, 643 So. 2d 668 (Fla. 1st DCA 1994)