DEXTER MITCHELL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (22 total)

• Rios v. State, 730 So. 2d 831 (Fla. 3d DCA 1999)
  …B or pellet gun is a deadly weapon — i.e., whether it is ‘likely to produce death or great bodily injury* — is a factual question to be answered by the jury in each ease.”); see also Mitchell v. State, 698 So. 2d 555, 560-62 (Fla. 2d DCA), approved, 703 So. 2d 1062 (Fla.1997). However, this jury was erroneously, and repeatedly, informed that the defendant met the criteria under Florida law to be considered a violent career criminal. In State v. Emmund, 698 So. 2d 1318 (Fla. 3d DCA 1997), the trial judge forba…
• Bunkley v. State, 882 So. 2d 890 (Fla. 2004)
  …iz, 504 So. 2d at 40), review dismissed, 865 So. 2d 479 (Fla.2003); see also Mitchell v. State, 698 So. 2d 555, 561 (Fla. 2d DCA 1997) (citing Ortiz for the rule that “whether a pocketknife is a weapon is a factual question for the jury”), approved, 703 So. 2d 1062 (Fla.1997); Bell v. State, 673 So. 2d 556 (Fla. 1st DCA 1996) (affirming a defendant’s- convictions for concealed weapons offenses and citing Ortiz for the rule that whether a knife qualified as a “weap [*895] on” under section 790.001(13) is a jury…

  ← 1 / 2 →
• Wadman v. State, 750 So. 2d 655 (Fla. 4th DCA 1999)
  …*657] recovered and received into evidence. Circumstantial evidence can be sufficient to establish the use of a firearm,. (Italics supplied). The instruction was based on language from Mitchell v. State, 698 So. 2d 555, 558 (Fla. 2d DCA), approved, 703 So. 2d 1062 (Fla.1997). Although a correct statement of the law, the language is not designed to be a jury instruction on circumstantial evidence. For criminal cases, the supreme court eliminated the standard jury instruction on circumstantial evidence in 1981…

Authorities Cited

• Dale v. State, 703 So. 2d 1045 (Fla. 1997)
• Daniels v. State, 698 So. 2d 555 (Fla. 1st DCA 1997)
• Mitchell v. State, 698 So. 2d 555 (Fla. 2d DCA 1997)