CITY OF MIAMI, APPELLANT,
v.
JOSE A. JUAREZ AND CRISTINO NIEVES, APPELLEES
CITY OF MIAMI, APPELLANT,
JOSE A. JUAREZ AND CRISTINO NIEVES, APPELLEES
875 So. 2d 642
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Affirmed. See City of Miami v. Wellman, 875 So. 2d 635, 2004 WL 231192 (Fla. 3d DCA Feb. 4, 2004); Mulligan v. City of Hollywood, 871 So. 2d 249 (Fla. 4th DCA 2003); see also Dade County Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638(Fla.l999)(eoneluding that when faced with a decision to uphold or overturn a lower court’s judgment, an appellate court must affirm the judgment if it is legally correct regardless of the reasons given by the trial court).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
Ivey v. State, 47 So. 3d 908 (Fla. 3d DCA 2010)…Robinson v. State, 901 So. 2d 1027, 1028 (Fla. 4th DCA 2005). Thus, withholding the sentence on one of the two convictions does not ameliorate a double jeopardy violation. See Bolding v. State, 28 So. 3d 956 (Fla. 1st DCA 2010); Rodriguez v. State, 875 So. 2d 642 (Fla. 2d DCA 2004). There is no constitutional prohibition, however, against multiple punishments for different offenses arising from the same criminal episode where the Legislature authorizes separate punishments. Hayes v. State, 803 So. 2d 695, 6…
-
State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006)…’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), but review of the record reveals no issues of arguable merit. See Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004); Rodriguez v. State, 875 So. 2d 642, 643 (Fla. 2d DCA 2004). Accordingly, we AFFIRM Subido’s conviction and designation as a sexual predator, REVERSE his downward departure sentence, and REMAND for resentencing within the guidelines. TORPY, J., concurs. PALMER, J., dissents, with o…
-
Santeris T. McKINNEY v. State, 51 So. 3d 645 (Fla. 1st DCA 2011)…be convicted and sentenced for both third-degree murder and fleeing or eluding because the offenses are based upon a single death. In support of this claim, Appellant relies on McKay v. State, 925 So. 2d 1133 (Fla. 2d DCA 2006), Rodriguez v. State, 875 So. 2d 642 (Fla. 2d DCA 2004), and Houser v. State, 474 So. 2d 1193 (Fla.1985). In Houser, the Florida Supreme Court stated that “the legislature did not intend to punish a single homicide under two different statutes.” 474 So. 2d at 1197; see also id. at 119…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
- Colon Bernard Mulligan v. City OF Hollywood, 871 So. 2d 249 (Fla. 4th DCA 2003)
- City OF Miami v. Wellman, 875 So. 2d 635 (Fla. 3d DCA 2004)