ALAN JEROME PRICE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Millar Elevator Serv. Co. v. McGOWAN, 819 So. 2d 145 (Fla. 2d DCA 2002)
  …n for mistrial was made after the jury returned an unfavorable verdict. The Third District held that “BIV was not entitled to wait to see how the trial came out and then, upon being unsuccessful, move for a mistrial.” Id. at 352. In Loyola v. Ricks, 777 So. 2d 423 (Fla. 4th DCA 2000), the trial court reserved ruling on a motion for mistrial made on the first day of trial before any testimony was presented. The trial court granted the motion for mistrial after the six-day trial was completed. The Fourth Distri…
• Janice L. Vucinich, M.D. v. Ross, 893 So. 2d 690 (Fla. 5th DCA 2005)
  …why they aren’t in this courtroom, although you might want to ask yourself that question. I assure you, though, that this Miss Ricks and her attorney aren’t going to tell you why they aren’t here. Ricks, 822 So. 2d at 504 (quoting Loyola v. Ricks, 777 So. 2d 423, 424 (Fla. 4th DCA 2000) (emphasis in Ricks) ). The court disagreed with the district court that the “empty chair” comment was an insufficient basis on which to order a new trial. The supreme court stated: [*693] Even though it was Loyola’s defense…
• Price v. State, 838 So. 2d 587 (Fla. 3d DCA 2003)
  …the maximum term of years for life felonies committed after October 1, 1983, was forty (40) years. The trial court denied the motion, and Price appealed. This court affirmed in part, reversed in part, and remanded for resentencing. Price v. State, 777 So. 2d 423, 423 (Fla. 3d DCA 2001). Specifically, we found that: the defendant’s sentences for kidnaping under counts five, seven, nine, eleven, and thirteen were incorrectly classified as first degree felonies. Kidnaping with a weapon is classified as a life…

Authorities Cited

• Williams v. State, 676 So. 2d 1056 (Fla. 3d DCA 1996)