MICHAEL W. MALONE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ibar v. State, 938 So. 2d 451 (Fla. 2006)
  …of time and place, of the witnesses’ belief as to the guilty party, a result we do not believe intended by the drafters of the rule. Id. at 739-40 (footnote omitted); see also State v. Richards, 843 So. 2d 962 (Fla. 3d DCA 2003); Simmons v. State, 782 So. 2d 1000 (Fla. 4th DCA 2001). This interpretation of the statute has continued and formed the basis of the Second District Court of Appeal’s decision in Smith v. State, 880 So. 2d 730 (Fla. 2d DCA 2004). In Smith, the Second District addressed the identical…
• Denesiz Letroy Smith v. State, 880 So. 2d 730 (Fla. 2d DCA 2004)
  …mitted). To the same effect is State v. Richards, 843 So. 2d 962, 966-67 (Fla. 3d DCA 2003). A statement by the victim that he was confident of his ability to identify his assailant did not qualify as a statement of identification. Simmons v. State, 782 So. 2d 1000, 1001 (Fla. 4th DCA 2001). A police officer’s testimony in a prosecution for burglary that a witness reported seeing “two black men prowling around the neighborhood” was not admissible under section 90.801(2)(c). Hendrieth v. State, 483 So. 2d 768,…

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• Graddy Robbinson v. State, 784 So. 2d 1246 (Fla. 3d DCA 2001)
  …determinations regarding the defendant’s prior felony convictions. § 775.084(l)(a), Fla. Stat. (1993).2 Under Apprendi, those findings can be made by the judge and need not be made by the jury. 530 U.S. at 490, 120 S.Ct. 2348; see Simmons v. State, 782 So. 2d 1000 (Fla. 4th DCA 2001); Wright v. State, 780 So. 2d 216 (Fla. 5th DCA.2001). The habitual offender statute allows the trial court the discretion to impose an ordinary, non-habitual offender sentence “[i]f the court decides that imposition of sentence…

Authorities Cited

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