PAUL SCOTT A/K/A RICKY SCOTT A/K/A FREDDIE OWENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-09-08
No. 99-1514
Before SCHWARTZ, C.J. and COPE and GREEN, JJ.
739 So. 2d 710 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

CONFESSION OF ERROR

Appellant, Paul Scott appeals the trial court’s denial of his motion for post conviction relief pursuant to Fla.R.Crim.P 3.850. Upon the State’s proper confession of error, that part of the order denying the appellant’s motion to correct an illegal sentence for aggravated assault is reversed and this cause is remanded to the trial court with directions to modify the appellant’s sentence for aggravated assault to ten years with a three-year minimum mandatory. Finding no merit to the appellant’s remaining arguments, we affirm.

Reversed and remanded in part with directions and affirmed in part.


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  • Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002)
    …ruction sketch were properly admitted into evidence pursuant to section 90.704, Florida Statutes (2001) Florida courts have admitted expert opinions of accident reconstruction experts to evaluate factors in traffic accidents. See Bryant v. Buerman, 739 So. 2d 710, 712 (Fla. 4th DCA 1999) (concerning testimony about speed of vehicle at time of collision); Andrews v. Tew, 512 So. 2d 276, 279-80 (Fla. 2d DCA 1987); Sikes v. Seaboard Coast Line R.R. Co., 429 So. 2d 1216, 1222 (Fla. 1st DCA 1983). As Judge Klein…
  • Chesnoff v. State, 840 So. 2d 423 (Fla. 5th DCA 2003)
    …ified to are of a kind that do not require any special knowledge or experience in order to form a conclusion, or are of such a character that they may be presumed to be within the common experience and knowledge of the jurors. See Bryant v. Buerman, 739 So. 2d 710, 712 (Fla. 4th DCA 1999); State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200, 202 (Fla. 4th DCA 1995). Further, an expert witness may render an opinion on the ultimate issue in a case. Section 90.703, Florida Statutes (2001), provides: Test…
  • Gregory Council v. State, 98 So. 3d 115 (Fla. 1st DCA 2012)
    …he victim was injured. Accordingly, we conclude the trial court abused its discretion in excluding Dr. Lloyd’s testimony, which was relevant and would have aided the jury in resolving a highly contested factual issue at trial. See Bryant v. Buerman, 739 So. 2d 710, 713 (Fla. 4th DCA 1999) (holding that the trial court abused its discretion in excluding the testimony of the defense’s biomechanics expert in a personal injury action arising from an automobile collision because the testimony would have been criti…

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