JACK SHARPE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Davis v. State, 928 So. 2d 442 (Fla. 5th DCA 2006)
  …a public nuisance [violation of a county ordinance] and maintenance of a nuisance [violation of a county ordinance]. He filed a motion to dismiss the information, which was granted. The state appealed and the order was reversed. See State v. Davis, 838 So. 2d 696 (Fla. 5th DCA 2003). After a jury trial, Davis was convicted as charged. He was sentenced to a year and a day in prison, followed by one year on community control and three years on probation. Davis appealed his judgment and sentence. He raised th…
• State v. Foster, 849 So. 2d 1149 (Fla. 5th DCA 2003)
  …ining hazardous fuels onto or into the ground located on property that was owned by him. The trial court dismissed the action relying upon its disposition of a similar case, the facts of which are included in this court’s opinion in State v. Davis, 838 So. 2d 696 (Fla. 5th DCA 2003). The reasoning and disposition included in Davis are also dispositive of the instant case. The order of dismissal is vacated and we remand for further proceedings.1 REVERSED and REMANDED. PETERSON, THOMPSON and TORPY, JJ., con…
• Cosio v. State, 227 So. 3d 209 (Fla. 2d DCA 2017)
  …although it might seem, at first blush, somewhat counterintuitive, we agree with our sister court that dumping litter on one’s own private property can, in certain circumstances, constitute a violation of the Florida Litter Law. See State v. Davis, 838 So. 2d 696, 699 (Fla. 5th DCA 2003) (Monaco, J., concurring specially) (explaining that by reading subsection(4)(c) of the statute conjunctively, “if one is going to dump litter on one’s own property, consent being presumed, that dumping must not cause a publi…

Authorities Cited

• King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)
• Geohagen v. State, 639 So. 2d 611 (Fla. 1994)