MARTIN SMITH, PETITIONER,

v.

THE STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Mollie Everett v. State, 831 So. 2d 738 (Fla. 4th DCA 2002)
  …convictions for exploitation of the elderly and grand theft violated double jeopardy where, as here, the crimes charged involved one act of taking the same property. Accord Rich v. State, 823 So. 2d 208 (Fla. 2d DCA 2002); Williams v. State, [*743] 823 So. 2d 145 (Fla. 5th DCA 2002). In Rich, the Second District wrote: We have reviewed the exploitation statute, section 825.108, Florida Statutes (1999), and the staff analysis of the bill which enacted the statute. See Fla. H.R. Comm, on Aging & Human Servs.,…
• Rich v. State, 823 So. 2d 208 (Fla. 2d DCA 2002)
  …Fla. 4th DCA 2001), in which the Fourth District held that convictions for both grand theft and exploitation of the elderly violate double jeopardy when both [*209] convictions are based on one act of taking the same property.1 In Williams v. State, 823 So. 2d 145 (Fla. 5th DCA 2002), the Fifth District considered this same issue and agreed that dual convictions for grand theft and exploitation of the elderly violate double jeopardy. The State acknowledges the decision in Thomason but contends that Thomason w…
• Smith v. State, 873 So. 2d 585 (Fla. 3d DCA 2004)
  …lying the opinion of an opposing expert witness. See § 90.705, Fla. Stat. (2000). The petitioner sought a writ of certiorari in case no. 3D01-631 which was initially granted but, on rehearing, the petition was denied without opinion. Smith v. State, 823 So. 2d 145 (Fla. 3d DCA 2002) (Ramirez, J. dissenting). On remand, the trial court conducted an in camera inspection of the disputed documents and ruled that some items, such as [*587] letters from defense counsel to the expert witnesses were work product and…