FRANK C. CELIO AND VICTORIA A. CELIO, APPELLANTS,

v.

CRAIG G. BLACK AND LUCILLE P. BLACK, APPELLEES

Citator

Cited By

• Young v. State, 719 So. 2d 1010 (Fla. 4th DCA 1998)
  …al facility operated by the Department of Corrections or a private vendor.” § 775.082(8)(a)l (emphasis added). Although criminal statutes susceptible to differing constructions are to be strictly construed in favor of the accused, see Burk v. State, 705 So. 2d 1003, 1004 (Fla. 4th DCA 1998), this statute is not susceptible to differing constructions. “Any defendant” is all-inclusive language requiring no statutory interpretation. See Auto-Owners Ins. Co. v. Conquest, 658 So. 2d 928, 929 (Fla.1995). This statut…
• State v. Farnham, 752 So. 2d 12 (Fla. 5th DCA 2000)
  …ate offense under section 827.071(5) of the Florida Statutes. We agree.1 In considering this issue, we must look to legislative intent behind the enactment of section 827.071 in order to decide the allowable units of prosecution. See Burk v. State, 705 So. 2d 1003 (Fla. 4th DCA 1998). As a means of discerning legislative intent where the defendant is charged with possession of multiple articles of the same type of contraband, our courts have focused on whether the legislature used the word “any” or the word “…
• Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003)
  …Weathers, 186 F. 3d 948, 952 (D.C.Cir.1999) (citing Sanabria v. United States, 437 U.S. 54, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978)); see also State v. Grappin, 427 So. 2d 760, 761 (Fla. 2d DCA 1983), approved, 450 So. 2d 480 (Fla.1984); Burk v. State, 705 So. 2d 1003, 1004 (Fla. 4th DCA 1998). Where the “legislature does not establish the allowable unit of prosecution with clarity, the ambiguity must be resolved in the accused’s favor.” Grappin, 427 So. 2d at 762. A plain reading of section 790.235 suggests tha…