WESLEY MAXWELL, APPELLANT,

v.

ALLISON CONSTRUCTION COMPANY, INC., APPELLEE

Citator

Cited By

• Knarich v. State, 866 So. 2d 165 (Fla. 2d DCA 2004)
  …om considering the charging document to determine which alternative elements were charged. In its order denying the amended motion to correct sentencing error, the trial court cited Walsh v. State, 606 So. 2d 636 (Fla. 5th DCA 1992), Rager v. State, 720 So. 2d 1134 (Fla. 5th DCA 1998), and Holybrice v. State, 753 So. 2d 621 (Fla. 4th DCA 2000), to support its consideration of the charging document and the final disposition in determining the elements of the prior offense. We agree with the trial [*169] court’s…
• Jordache Holybrice v. State, 753 So. 2d 621 (Fla. 4th DCA 2000)
  …Dautel v. State, 658 So. 2d 88, 91 (Fla.1995). In Dautel, the court applied Florida Rule of Criminal Procedure 3.701. Although rule 3.701 was superceded by rule 3.703 which applies to Holybriee, Dautel is still binding authority. See Rager v. State 720 So. 2d 1134 (Fla. 5th DCA 1998). Georgia’s “theft by taking” statute provides: A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention…
• Bracey v. State, 109 So. 3d 311 (Fla. 2d DCA 2013)
  …out-of-state conviction, but this is true only when either the ou1>of-state statute under which the defendant was convicted or the potentially applicable Florida statutes contain multiple subsections. See Knarich, 866 So. 2d at 169; Rager v. State, 720 So. 2d 1134, 1136-37 (Fla. 5th DCA 1998) (noting that when the Ohio sexual battery statute contained six subsections and the judgment did not specify the subsection pursuant to which the judgment was entered, the trial court could have considered the Ohio charg…

Authorities Cited

• In re Est. of Norma Jean Hill v. HCA Health Servs. OF Fla., Inc., 582 So. 2d 701 (Fla. 1st DCA 1991)
• Madelyn Miller v. Pagodin, 591 So. 2d 677 (Fla. 4th DCA 1992)