DERRICK L. LOWE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-07-23

No. 2D04-1780

WHATLEY and CANADY, JJ., Concur., CASANUEVA, J., Concurs with opinion.

884 So. 2d 189 Florida District Court of Appeal, Second District (2004) Positive Treatment

Cited by 2 cases

Opinion of the Court

PER CURIAM.

Affirmed. See Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001); Harris v. State, 766 So. 2d 403 (Fla. 2d DCA 2000).

WHATLEY and CANADY, JJ., Concur. CASANUEVA, J., Concurs with opinion.

Concurrence

CASANUEVA, Judge,

Concurring.

I fully concur in the per curiam opinion. I write only to correct a typographical error that appears in the opinion I authored in Harvey v. State, 865 So. 2d 518 (Fla. 2d DCA 2003), review dismissed, 871 So. 2d 873 (Fla.2004). Mr. Lowe asserts that a portion of the Harvey opinion quoting from this court’s prior opinion in Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001), entitles him to relief. However, the Harvey opinion unfortunately omits the word “not” from the Collins quotation. The Harvey opinion, 865 So. 2d at 518-19, as corrected should read:

[S]ection 775.087(l)(a), Florida Statutes (1993), requires that the trial court reclassify a first-degree felony to a life felony where the use of a weapon or firearm is not an essential element of the offense and a weapon or firearm was used during the offense. Collins v. State, 800 So. 2d 660, 661 (Fla. 2d DCA 2001).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

FRY v. FRY, 887 So. 2d 438 (Fla. 2d DCA 2004)

…ded that “[t]he absence of [an] opportunity” for ■ a trial judge — as trier-of-fact — “to personally hear the witnesses and observe their demeanor in the act of testifying ... leaves a gap in the proper procedure of trial.” Id.; see also In re N.C., 884 So. 2d 189 (Fla. 2d DCA 2002); Smith v. Smith, 612 So. 2d 718 (Fla. 2d DCA 1993); Reaves v. Reaves, 546 So. 2d 744 (Fla. 2d DCA 1989); Paragon Group, Inc. v. Hoeksema, 475 So. 2d 244 (Fla. 2d DCA 1985); Tompkins Land & Housing, Inc. v. White, 431 So. 2d 259 (F…

Authorities Cited

Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001)
Verdell Harvey v. State, 865 So. 2d 518 (Fla. 2d DCA 2003)
Jones v. State, 766 So. 2d 403 (Fla. 5th DCA 2000)
Damien Antonio Harris v. State, 766 So. 2d 403 (Fla. 2d DCA 2000)

Full citator, related cases, and AI research tools

Open in FLexlaw