SCOTT CHILLINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1996-10-09
No. 95-3719
GLICKSTEIN and STEVENSON, JJ., and BROWN, LUCY C., Associate Judge, concur.
682 So. 2d 1137 Florida District Court of Appeal, Fourth District (1996) Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See United States v. Halper, 490 U.S. 435,109 S.Ct. 1892,104 L.Ed.2d 487 (1989). However, this decision does not preclude our future consideration of other factual circumstances, notwithstanding State v. Moretti, 681 So. 2d 754 (Fla. 2d DCA 1996), whether under the seven factors recited in United States v. One Assortment of 89 Firearms, 465 U.S. 354, 104 S.Ct. 1099, 79 L.Ed.2d 361 (1984), a forfeiture pursuant to section 932.703, Florida Statutes (1995), could constitute double jeopardy. United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), was decided under the federal statute and did not discuss the above factors.

GLICKSTEIN and STEVENSON, JJ., and BROWN, LUCY C., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • ELY v. State, 719 So. 2d 11 (Fla. 2d DCA 1998)
    …mount of the fee. Fla. R. Crim. P. 3.720(d)(1). See Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996); Cruz v. State, 696 So. 2d 1292 (Fla. 2d DCA 1997). We reverse and remand this issue without prejudice to reimpose the fee. See Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996); Peterson v. State, 706 So. 2d 930 [*13] (Fla. 2d DCA 1998). Mr. Ely shall be given 30 days to file a written objection to the lien. If an objection is filed, the trial court shall strike the lien, and afford Mr. Ely notice and a…
  • State v. Bynes, 784 So. 2d 1145 (Fla. 2d DCA 2001)
    …d to strike conditions 2, 12 and 19 from the order of probation. Because condition 19 was a discretionary cost that may be reimposed after notice and an opportunity to be heard, the striking of that condition is without prejudice. See Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996). ALTENBERND, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur. . Even though the State has conceded error, no order was entered on this motion in the circuit court within the allotted sixty days and, thus, the motion was deem…
  • Gallo v. State, 691 So. 2d 1184 (Fla. 4th DCA 1997)
    …claim of violation of double jeopardy. Appellant’s claim of violation of double jeopardy appears to have been properly rejected by the trial court. See United States v. Ursery, — U.S. —, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996); Chillington v. State, 682 So. 2d 1137 (Fla. 4th DCA 1996); State v. Powelson, 680 So. 2d 1089 (Fla. 4th DCA 1996). His claims of ineffective assistance of counsel fail to satisfy the elements of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). However, his…

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