ROBERT NORMAN SITLER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Mollie Everett v. State, 831 So. 2d 738 (Fla. 4th DCA 2002)
  …t negates a necessary element for conviction on another count.” Gonzalez v. State, 440 So. 2d 514, 515 (Fla. 4th DCA 1983). The judgment of acquittal in this case negated the necessary element of theft in the exploitation count. See Hudson v. State, 711 So. 2d 244, 247 (Fla. 1st DCA 1998)(“ ‘[T]he ruling of the judge ... actually represents a resolution, correct or not, of some or all of the factual elements of the offense charged.’ ’’)(quoting United States v. Martin Linen Supply Co., 430 U.S. 564, 571, 97 S…
• Barnett Banks, Inc. v. Dep't OF Revenue, 738 So. 2d 502 (Fla. 1st DCA 1999)
  …tenet of statutory construction that “a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms.” McKendry v. State, 641 So. 2d 45, 46 (Fla.1994); Hudson v. State, 711 So. 2d 244, 247 (Fla. 1st DCA 1998). Because we conclude that the Department’s assessment of interest in this case was based upon an erroneous interpretation of the applicable provisions of the FITC, we reverse the order denying appellant a refund of the inte…
• State v. Nichols, 892 So. 2d 1221 (Fla. 1st DCA 2005)
  …nfirmed that historically gill nets were made out of monofilament. . At the close of the State's case, the county judge had granted motions for judgment of acquittal as to counts one and three. These rulings are not reviewable. See Hudson v. State, 711 So. 2d 244, 246 (Fla. 1st DCA 1998) (“Read in the context of the double jeopardy provisions in [the state and federal constitutions, section 924.07(l)(j), Florida Statutes] plainly contemplates appeal from a judgment of acquittal only if the judgment of acquit…

Authorities Cited

• Hammond v. State, 702 So. 2d 637 (Fla. 1st DCA 1997)