ELIZABETH JOHNSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELIZABETH JOHNSTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
866 So. 2d 1253
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm without prejudice to appellant filing a legally sufficient Florida Rule of Criminal Procedure 3.800(a) motion addressing any alleged entitlement to additional jail credit. See Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998)(citing State v. Mancino, 714 So. 2d 429, 433 (Fla.1998)).
FARMER, C.J., STEVENSON and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In the Interest of C.R. v. Dep't of Child. & Fam. Servs., 937 So. 2d 1257 (Fla. 2d DCA 2006)…Even in the absence of direct proof that a parent knew of the abuse of a child, courts have affirmed findings that the abuse could not possibly have occurred without the parent’s knowledge. For example, in S.P. v. Department of Children & Families, 866 So. 2d 1253 (Fla. 5th DCA 2004), one of the mother’s two children suffered numerous injuries caused by a sharp instrument. The mother claimed that, after hearing screams from this child, she found the other child, who was only four years old, holding a coat han…
-
T.R. v. Dep't OF Child. & Families, 989 So. 2d 1224 (Fla. 5th DCA 2008)…Department, there is no evidence that T.R. knew or should have known of Mr. Reed’s alleged abuse. There is also no evidence to suggest that the sexual abuse could not have occurred without T.R.’s knowledge. See S.P. v. Dep’t of Children & Families, 866 So. 2d 1253, 1255 (Fla. 5th DCA 2004) (affirming order of dependency where abuse could not have occurred without the mother’s knowledge). Consequently, there is no evidence that T.R. abused P.D. by allowing her to stay with Mr. Reed. There also is no evidence t…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)