GEORGE M. STILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE M. STILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
866 So. 2d 1270
Florida District Court of Appeal, Fifth District (2004)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The denial of the defendant’s Florida Rule of Criminal Procedure 3.800(a) motion is affirmed except as to the issue of appropriate prison time credit due the defendant. Because this issue was not considered by the trial court, the order is reversed as to this issue and remanded for the trial court to address the prison time credit issue and either attach portions of the record to show the defendant received all the credit he is due or award the proper credit.
AFFIRMED in part, REVERSED in part, and REMANDED.
SAWAYA, C.J., ORFINGER and MONACO, JJ., concur.
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State v. Washington, 114 So. 3d 182 (Fla. 3d DCA 2012)…not open to discussion.” The trial court is incorrect. A strict liability statute imposes criminal liability regardless of fault. For example, statutory rape is a strict liability crime. See §§ 794.05, .021, Florida Statutes (2012); Hodge v. State, 866 So. 2d 1270, 1272 (Fla. 4th DCA 2004) (“[T]he legislature left no doubt as to its intention that [section 794.021] be treated as a strict liability crime for which the State was not required to prove scienter ... [and] unequivocally provides that ignorance is n…
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Jovan Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006)…”); Perez v. State, 111 N.M. 160, 803 P. 2d 249, 251 (1990) (“When the law requires a mathematical formula for its application, we can [*820] not say that being provided the wrong numbers is immaterial.”). As the court recognized in Hodge v. State, 866 So. 2d 1270, 1272 (Fla. 4th DCA 2004), our statute settles the question: [T]he legislature left no doubt as to its intention that this offense be treated as a strict liability crime for which the State was not required to prove criminal scienter .... Section 7…
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Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015)…state. “Determining whether [an] exception is an element of the crime to be negated by the State or is in the nature of a defense, requiring the defendant to come forward with evidence, is an issue of law subject to de novo review.” Hodge v. State, 866 So. 2d 1270, 1271-72 (Fla. 4th DCA 2004). In determining whether an exception is an element of the crime or an affirmative defense, a court looks to its placement in the wording of the statute. Id. at 1272. As we explained in Hodge: If the exception appears i…
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