STATE OF FLORIDA, PETITIONER,
v.
STACY GANTORIUS, RESPONDENT
STATE OF FLORIDA, PETITIONER,
STACY GANTORIUS, RESPONDENT
708 So. 2d 276
Florida Supreme Court (1998)
Positive Treatment
Cited by 8 cases
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Opinion of the Court
SHAW, Justice.
We have for review Gantorius v. State, 693 So. 2d 1040 (Fla. 3d DCA 1997), wherein the district court certified the following question:
DOES THE HOLDING OF STATE V. IACOVONE, 660 So. 2d 1371 (Fla.1995) SATISFY THE TEST OF WITT V. STATE, 387 So. 2d 922 (Fla.1980), FOR RETROACTIVE APPLICATION?
We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We answered this question in the affirmative in State v. Stevens, No. 90,624, — So. 2d - (Fla. Mar. 26, 1998). We approve Gantorius.
It is so ordered.
KOGAN, C.J., OVERTON, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. WELLS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 904 So. 2d 400 (Fla. 2005)…(holding that decision in State v. Iacovone, 660 So. 2d 1371, 1374 (Fla.1995), which held that sections 784.07(3) and 775.0825, Florida Statutes (1991), only applied to attempted first-degree murder, should apply retroactively); State v. Gantorius, 708 So. 2d 276, 277 (Fla. 1998) (acknowledged decision in Stevens, and held that decision in Iacovone, 660 So. 2d at 1374, which held that mandatory minimum sentencing laws with respect to second and third-degree attempted murder were invalid, was to be applied re…
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Hughes v. State, 901 So. 2d 837 (Fla. 2005)…(holding that decision in State v. Iacovone, 660 So. 2d 1371, 1374 (Fla.1995), which held that sections 784.07(3) and 775.0825, Florida Statutes (1991), only applied to attempted first-degree murder, should apply retroactively); State v. Gantorius, 708 So. 2d 276, 277 (Fla.1998) (acknowledged decision in State v. Stevens, and held that decision in State v. Iacovone, 660 So. 2d 1371 (Fla.1995), which held that mandatory minimum sentencing laws with respect to second and third-degree attempted murder were inva…
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Gantorius v. State, 761 So. 2d 488 (Fla. 3d DCA 2000)…ourt. See Gantorius v. State, 693 So. 2d 1040, 1043 (Fla. 3d DCA 1997). The Florida Supreme Court later approved this decision and held that Iacovone applied retroactively to the appellant and required him to be resen-tenced. See State v. Gantorius, 708 So. 2d 276, 277 (Fla.1998). At the resentencing hearing below, the appellant argued that he could not be re-sentenced on the four attempted second degree murder counts because attempted second degree murder was a nonexistent crime. The trial court found no me…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- State v. Iacovone, 660 So. 2d 1371 (Fla. 1995)
- Gantorius v. State, 693 So. 2d 1040 (Fla. 3d DCA 1997)