STATE OF FLORIDA, APPELLANT,
v.
DENNIS TATAKIS, APPELLEE

Fla. 3d DCA | 2003-03-26
No. 3D02-958
Before GERSTEN, GREEN, and FLETCHER, JJ.
847 So. 2d 504 Florida District Court of Appeal, Third District (2003) Negative Treatment
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed and remanded for further proceedings in accordance with State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). Conflict is certified with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), rev. dismissed, 821 So. 2d 302 (Fla.2002).

Concurrence
GREEN, J.

GREEN, J.

(specially concurring).

The doctrine of stare decisis compels me to join in the reversal of this cause, but I continue to adhere to the view that Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So. 2d 302 (Fla.2002), was correct in its conclusion that Chapter Law 99-188, Laws of Florida, violates the single subject rule of the Florida Constitution, accord Carlson v. State, 27 Fla. L. Weekly D2162, — So. 2d -, 2002 WL 31202145 (Fla. 5th DCA Oct. 4, 2002).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (19 total)

  • Carratelli v. State, 961 So. 2d 312 (Fla. 2007)
    …G JUROR CHALLENGES ON APPEAL AND POSTCONVICTION “[T]he test for prejudicial error in conjunction with a direct appeal is very different from the test for prejudice in conjunction with a collateral claim of ineffective assistance.” Sanders v. State, 847 So. 2d 504, 506 (Fla. 1st DCA 2003) (en banc) (quoting Hill v. State, 788 So. 2d 315, 318 (Fla. 1st DCA 2001)), approved, 946 [*318] So. 2d 953 (Fla.2006). On direct appeal, to obtain a new trial a defendant alleging the erroneous denial of a cause challenge m…
  • Sanders v. State, 946 So. 2d 953 (Fla. 2006)
    …e, we consider whether a defendant is entitled to an evidentiary hearing on a claim of ineffective assistance of counsel for failing to request an instruction on a lesser-included offense. We have consolidated two cases for review, Sanders v. State, 847 So. 2d 504 (Fla. 1st DCA 2003), and Willis v. State, 840 So. 2d 1135 (Fla. 4th DCA 2003), which conflict with each other. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons explained below, we hold that a trial court may summarily deny su…
  • State v. Damani Spencer, 216 So. 3d 481 (Fla. 2017)
    …ers was a postconviction case, but this Court’s reasoning in Sanders should nevertheless be extended to the instant case. Sanders addressed two consolidated cases involving postconviction claims of ineffective assistance of counsel—Sanders v. State, 847 So. 2d 504 (Fla. 1st DCA [*490] 2003), and Willis v. State, 840 So. 2d 1135 (Fla. 4th DCA 2003). In both cases, the defendants were charged with robbery with a firearm. Sanders, 946 So. 2d at 955. Each trial court instructed the jury on the charged offense and…

Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw