ADRIAN WILSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McCLENDON v. State, 765 So. 2d 247 (Fla. 1st DCA 2000)
  …t upon being informed that one of the jurors was sleeping, the trial court resolved factual issues. Because this claim should not have been subject to summary denial, we reverse and remand for further proceedings under the rule. See Bieser v. State, 677 So. 2d 59 (Fla. 1st DCA 1996); Kesick v. State, 448 So. 2d 644 (Fla. 4th DCA 1984). Second, the trial court failed to address McClendon’s claim that defense counsel was ineffective for failing to request a jury instruction on resisting a merchant. McClendon…
• Wilson v. State, 828 So. 2d 1086 (Fla. 1st DCA 2002)
  …that a juror was sleeping during testimony concerning the identification of the appellant [*1087] as the perpetrator and the subsequent impeachment of that identification. See McClendon v. State, 765 So. 2d 247 (Fla. 1st DCA 2000); Bieser v. State, 677 So. 2d 59 (Fla. 1st DCA 1996); Kelley v. State, 805 So. 2d 88 (Fla. 2d DCA 2002); McGraw v. State, 796 So. 2d 1205 (Fla. 4th DCA 2001). Accordingly, we REVERSE the sum-, mary denial of the appellant’s first claim and REMAND to the trial court for an evident…
• Garnto v. State, 830 So. 2d 901 (Fla. 2d DCA 2002)
  …of law. In fact, the allegations in his motion and memorandum concerning these claims are facially insufficient. See Honors v. State, 752 So. 2d 1234 (Fla. 2d DCA 2000) (reviewing a claim of failure to call an exculpatory witness); Bieser v. State, 677 So. 2d 59 (Fla. 1st DCA 1996) (reviewing a claim of failure to act upon being informed that one of the jurors was sleeping through critical defense testimony). It is only the allegations contained in his motion and memorandum that the trial court reviewed bef…

Authorities Cited

• State v. O'Neal, 673 So. 2d 881 (Fla. 2d DCA 1996)