JERMAINE LEBRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1998-07-24
No. 97-2629
DAUKSCH and PETERSON, JJ., concur.
717 So. 2d 72 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 15 cases


Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Lebrón, appellant herein and a stranger to the lease arrangement involving the victim, ordered the victim to vacate the premises while telling her that “you’re not the first ‘ho’ I ever killed and you won’t be the last” and pointing a sawed-off shotgun at her. In perhaps the most frivolous appeal to have been filed in this court, Lebrón contends his action was justified because the victim had threatened him on an earlier occasion and because she had damaged the apartment with a baseball bat. We reject Lebron’s legal position and affirm the trial court’s denial of his motion for acquittal and uphold his conviction for aggravated assault with a firearm.1

AFFIRMED.

DAUKSCH and PETERSON, JJ., concur. . Although Lebrón did not raise the issue on appeal, the State points out an error in the written sentence showing a sentence of 45.75 years instead of the orally announced 45.75 months. We direct that this scrivener’s error be corrected.


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Citator

Cited By (14 total)

  • Sw. Fla. Water Mgmt. Dist. v. Save THE Manatee Club, Inc., 773 So. 2d 594 (Fla. 1st DCA 2000)
    …describing powers and functions of an agency shall be construed to extend no further than the particular powers and duties conferred by the same statute, (emphasis added) In St. Johns River Water Management District v. Consolidated-Tomoka Land Co., 717 So. 2d 72 (Fla. 1st DCA 1998), we interpreted the phrase “particular powers and duties” to mean that the legislative authority for a rule must be identified in the applicable enabling statute. In summary of our decision on this point, we concluded that “[a] r…
  • State v. DAY Cruise Ass'n, Inc., 794 So. 2d 696 (Fla. 1st DCA 2001)
    …Stat. (Supp.1996)). The precise effect of this then new statutory language was at least originally a matter of some debate.2 [*699] We considered the import of the 1996 amendments in St. Johns River Water Mgmt. Dist. v. Consolidated-Tomoka Land Co., 717 So. 2d 72, 80 (Fla. 1st DCA 1998) (interpreting “particular” as requiring only that a (proposed) rule be “within the range of powers” statutorily granted to the agency, and deeming (proposed) rules valid if “within the class of powers and duties identified in…
    1 / 2
  • Lebron v. State, 799 So. 2d 997 (Fla. 2001)
    …asion and because she had damaged the apartment with a baseball bat. We reject Lebrón’s legal position and affirm the trial court’s denial of his motion for acquittal and uphold his conviction for aggravated assault with a firearm. Lebron v. State, 717 So. 2d 72 (Fla. 5th DCA 1998) (emphasis supplied). . The transcript reflects that the stun gun was used on Nasser's head and "general” area. . That section provides, in pertinent part: "Upon conviction or adjudication of guilt of a defendant of a capital fe…

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