PHILLIP MARSHALL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PHILLIP MARSHALL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
731 So. 2d 165
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
SCHWARTZ, Chief Judge.
A new trial is required in this case because of a manifest, plainly harmful violation, over the preserved objections of defense counsel, of the principles stated in Brown v. State, 719 So. 2d 882 (Fla.1998) and Rios v. State, 730 So. 2d 831 (Fla. 3d DCA 1999)[24 FLW D937], both of which were decided after the trial. See also State v. Emmund, 698 So. 2d 1318 (Fla. 3d DCA 1997). The other points raised by the appellant have no merit.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marshall v. State, 796 So. 2d 631 (Fla. 3d DCA 2001)…lip Marshall appeals an order denying his motion for additional credit for time served. We remand for clarification. Defendant-appellant Marshall was initially sentenced to life imprisonment but on appeal a new trial was ordered. Marshall v. State, 731 So. 2d 165 (Fla. 3d DCA 1999). Defendant thereafter entered a guilty plea and was sentenced to seven and one-half years imprisonment. The sentencing order reflects that the defendant was to receive 1190 days of credit for time served, which appears from the se…
Authorities Cited
- Phillips v. State, 719 So. 2d 882 (Fla. 1998)
- Rios v. State, 730 So. 2d 831 (Fla. 3d DCA 1999)
- State v. Emmund, 698 So. 2d 1318 (Fla. 3d DCA 1997)