LAWRENCE LEE VIDAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LAWRENCE LEE VIDAL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
704 So. 2d 746
Florida District Court of Appeal, Third District (1998)
Caution
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant’s conviction and sentence for attempted second degree murder with a firearm. However, as the State correctly concedes error, we vacate the conviction and sentence for the unlawful possession of a firearm while engaged in a criminal offense and remand for resentencing consistent with this opinion. See Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Harrison v. State, 593 So. 2d 600 (Fla. 3d DCA 1992).
Affirmed in part; vacated in part and remanded.
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Mancuso v. Mancuso, 789 So. 2d 1249 (Fla. 4th DCA 2001)…the best interest of the child, the trial court should carefully examine a marital settlement agreement providing for such an arrangement and exercise its discretion in determining whether it is in the child’s best interest. See Bracken v. Bracken, 704 So. 2d 746, 747 (Fla. 4th DCA 1998). See also Mandell v. Mandell, 741 So. 2d 617, 618 (Fla. 2d DCA 1999)(holding that section 61.121 did not set aside the long held presumption that rotating custody is not in the best interest of a minor child). Florida cour…
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Gantorius v. State, 761 So. 2d 488 (Fla. 3d DCA 2000)…or possession of a firearm during the commission of a felony. See Cleveland v. State, 587 So. 2d 1145, 1146 (Fla.1991); Marmol v. State, 750 So. 2d 764, 766 (Fla. 3d DCA 2000); Acosta v. State, 738 So. 2d 487, 488 (Fla. 3d DCA 1999); Vidal v. State, 704 So. 2d 746 (Fla. 3d DCA 1998); Wimberly v. State, 649 So. 2d 338 (Fla. 3d [*490] DCA 1995); Sales v. State, 653 So. 2d 456 (Fla. 3d DCA 1995). Accordingly, we reverse with directions that the appellant’s conviction and sentence for possession of a firearm duri…
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Roma Hosein v. Hosein, 785 So. 2d 703 (Fla. 4th DCA 2001)…utes (1997), to “order rotating custody if the court finds that rotating custody will be in the best interest of the child,” there is a presumption that rotating the primary residence is not in the best interest of the child. See Bracken v. Bracken, 704 So. 2d 746, 747 (Fla. 4th DCA 1998). See also Mandell v. Mandell, 741 So. 2d 617 (Fla. 2d DCA 1999)(holding that section 61.121 did not set aside the long held presumption that rotating custody is not in the best interest of a minor child). Florida courts hav…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)
- Harrison v. State, 593 So. 2d 600 (Fla. 3d DCA 1992)