T.C., APPELLANT,

v.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE

Citator

Cited By (16 total)

• F.B. v. State, 852 So. 2d 226 (Fla. 2003)
  …a crime need not be preserved. Such complete failure of the evidence meets the requirements of fundamental error — i.e., an error [*231] that reaches to the foundation of the case and is equal to a denial of due process. See, e.g., Stanton v. State, 746 So. 2d 1229, 1230 (Fla. 3d DCA 1999) (citing Troedel and stating that “a person who takes temporary possession of contraband for the sole purpose of turning it into the authorities, and promptly does so, is [not] guilty of a crime”); Griffin v. State, 705 So. 2…
• Rosalyn Ann Sanders v. State, 765 So. 2d 778 (Fla. 1st DCA 2000)
  …s not constitute “fundamental error” which may be raised for the first time on appeal. James, 745 So. 2d at 1142-43. As to the fundamental error question, we certify conflict with T.E.J. v. State, 749 So. 2d 557 (Fla. 2d DCA 2000); Stanton v. State, 746 So. 2d 1229 (Fla. 3d DCA 1999); and Brown v. State, 652 So. 2d 877 (Fla. 5th DCA 1995). As to the continuance issue, we find no abuse of discretion in the trial court, after finding that defense counsel was prepared to go forward, refusing to grant a continua…
• Ramsubhag v. State, 937 So. 2d 1192 (Fla. 4th DCA 2006)
  …be kept in its original container), and Fink v. Holt, 609 So. 2d 1333 (Fla. 4th DCA 1992) (reversing a forfeiture of a [*1194] vehicle used by a physician to transport schedule II drugs in unmarked containers). Ramsubhag relies on Stanton v. State, 746 So. 2d 1229 (Fla. 3d DCA 1999), the only Florida case involving legal disposition as a defense to possession. There, a drug dealer approached the defendant, a reformed crack-user who had successfully avoided backsliding into usage for some time. The dealer offe…

Authorities Cited

• Nuris Jimenez v. The Dep't of Health & Rehabilitative Servs., 669 So. 2d 340 (Fla. 3d DCA 1996)