FRED A. BENTLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2003-02-12
No. 3D02-2891
Before GODERICH and GREEN, JJ., and NESBITT, Senior Judge.
836 So. 2d 1125 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*1126] PER CURIAM.

The State properly concedes that the defendant is entitled to an additional 201 days credit for time served in case no. 97-32886. We agree with the State that the defendant’s remaining points lack merit. Gethers v. State, 838 So. 2d 504 (Fla.2003).

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  • Rudin v. State, 182 So. 3d 724 (Fla. 1st DCA 2015)
    …s, long been settled that a large stick can be a deadly weapon. Lindsay v. State, 67 Fla. 111, 64 So. 501 (1914). A broomstick has been found to be and to not be a deadly weapon by different courts depending on the evidence. Compare E.M.M. v. State, 836 So. 2d 1125 (Fla. 3d DCA 2003), with Brown v. State, 86 So. 3d 569. (Fla. 5th DCA 2012). The ability of the fact finder to view the purported deadly weapons is a key consideration in an appellate court’s evaluation of whether competent, substantial evidence su…
  • A.L.M. v. State, 853 So. 2d 433 (Fla. 3d DCA 2003)
    …companion case involving a co-respondent who participated in the attack upon the victim, this court held that the broomstick used in this attack qualified as a deadly weapon under section 784.045(l)(a)2, Florida Statutes (2002). See E.M.M. v. State, 836 So. 2d 1125, (Fla. 3d DCA 2003). There also was sufficient evidence in the record to support a finding that respondent intentionally used the broomstick to inflict great bodily harm [*434] upon the victim. See Mitchell v. State, 698 So. 2d 555, 558 (Fla. 2d DCA…

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