CLARENCE TELFAIR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hinkle v. State, 737 So. 2d 1152 (Fla. 2d DCA 1999)
  …delines because he had been convicted of an unscored capital felony. However, an un-scored conviction for a contemporaneous capital felony is a valid reason for upward departure. See Bunney v. State, 603 So. 2d 1270, 1271 (Fla.1992); Trice v. State, 719 So. 2d 17, 19 (Fla. 2d DCA 1998), review denied, 729 So. 2d 396 (Fla.1999). Accordingly, the trial court did not err by departing on this basis. Second, Hinkle correctly argues that the trial court erred in failing to file written reasons for departure.1 It…
• Trice v. State, 831 So. 2d 246 (Fla. 2d DCA 2002)
  …that the motion was untimely, we reverse and remand for further proceedings. A jury convicted Trice of first-degree murder, violation of a domestic violence injunction, and burglary. This court affirmed the judgment and sentences. Trice v. State, 719 So. 2d 17 (Fla. 2d DCA 1998). In his 3.850 motion, Trice contends that he sought review of the Trice opinion in the Florida Supreme Court. Trice alleges, and the attachments to the trial court’s order show, that the Florida Supreme Court declined to accept ju…
• Neal v. State (Fla. 2d DCA 2023)
  …e trial court properly excluded Dr. McClain's testimony. Mr. O'Neal failed to show how it was relevant or probative in this case, or would assist the jury in understanding how his PTSD and trauma manifested when he killed K.B.8 Cf. Trice v. State, 719 So. 2d 17, 19 (Fla. 2d DCA 1998) (holding that the trial court properly excluded the expert's testimony about battered-spouse syndrome where the expert "testified that he was unable, within a reasonable psychological probability, to testify as to Mrs. Trice's…

Authorities Cited

• Johnson v. Singletary, 695 So. 2d 263 (Fla. 1996)
• Parker v. State, 603 So. 2d 616 (Fla. 1st DCA 1992)