ERIC PRIM, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McFADDEN v. State, 737 So. 2d 1073 (Fla. 1999)
  …sing upon the following question certified to be of great public importance: WHETHER A PRIOR CONVICTION FOR FELONY PETIT THEFT CAN BE USED AS A QUALIFYING OFFENSE UNDER SECTION 775.084, FLORIDA STATUTES. McFadden v. State, 23 Fla. L. Weekly D2341, 732 So. 2d 335 (Fla. 1st DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The trial court adjudicated petitioner guilty of attempted robbery with a weapon and sentenced him as a habitual felony offender premised on his having been convicted of felo…

  ← 1 / 3 →
• Dickerson v. State, 783 So. 2d 1144 (Fla. 5th DCA 2001)
  …nywhere. See Burch, 545 So. 2d at 281. While the provisions of criminal statutes, such as sections 893.13 and 812.171, “must be strictly construed according to their letter,” see Perkins v. State, 576 So. 2d 1310, 1312 (Fla.1991); McFadden v. State, 732 So. 2d 335, 337 (Fla. 1st DCA 1998), approved, 737 So. 2d 1073 (Fla.1999), a statute need not be crafted with mathematic precision. “A penal statute must be written in language sufficiently definite, when measured by common understanding and practice, to appri…
• Turner v. State, 91 So. 3d 219 (Fla. 3d DCA 2012)
  …ze a habitual offender sentence enhancement under section 775.084. The omission of section 775.084 penalties from section 403.413 pertains, however, only to the offense of felony littering then before the court for sentencing. See McFadden v. State, 732 So. 2d 335, 337 (Fla. 1st DCA 1998), approved, 737 So. 2d 1073 (Fla.1999). The offense for which the defendant is currently convicted is manslaughter, not felony littering. Accordingly, the third degree felony littering conviction, occurring within five years…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)