ANTOINE DIXSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fritz Major v. State, 790 So. 2d 550 (Fla. 3d DCA 2001)
  …for enhancing a sentence for a future crime. The trial court denied relief on authority of this court’s decisions in State v. Fox, 659 So. 2d 1324 (Fla. 3d DCA 1995), and Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997); see also Dixson v. State, 785 So. 2d 744 (Fla. 3d DCA 2001). Defendant has appealed. II. We are firmly committed to the proposition that the type of claim advanced by the defendant is not cognizable by motion for postconviction relief, since there is no duty to anticipate a defendant’s…
• Roslyn Vargas v. State, 795 So. 2d 270 (Fla. 3d DCA 2001)
  …12,1995. We note at the outset that “materiality” is not an element of the crime of perjury in Florida but is a threshold issue that a court must determine as a matter of law prior to trial. State v. Ellis, 723 So. 2d 187 (Fla.1998); State v. Diaz, 785 So. 2d 744 (Fla. 3d DCA 2001). To be material, statements must be germane to the inquiry, and have a bearing on a determination in the underlying case. Diaz, 785 So. 2d 744, 746. In the instant case the State argued that the allegedly perjurious statements we…

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• State v. Peterson Charles, 827 So. 2d 1107 (Fla. 3d DCA 2002)
  …e sound discretion of the trial court and that such a ruling will not be disturbed absent an abuse- of discretion. Branch v. State, 685 So. 2d 1250, 1252 (Fla.1996), cert. denied, 520 U.S. 1218, 117 S.Ct. 1709, 137 L.Ed.2d 833 (1997); State v. Diaz, 785 So. 2d 744, 745 (Fla. 3d DCA 2001). Further, the requirements of rule 3.190(j) can be waived. In State v. Wells, 538 So. 2d 1292 (Fla. 2d DCA 1989), the trial court orally granted the State’s motion to perpetuate the victim’s testimony, but the State failed to…

Authorities Cited

• Rhodes v. State, 701 So. 2d 388 (Fla. 3d DCA 1997)