DONEEL MCNEAL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Pryor v. State, 48 So. 3d 159 (Fla. 1st DCA 2010)
  …e protection of the public pursuant to section 775.084(4)(e), in which case the trial court has the discretion to impose a prison sentence of up to thirty years with a mandatory minimum of fifteen years pursuant to section 790.235(1). Pope v. State, 884 So. 2d 328, 329 (Fla. 2d DCA 2004). Because the trial court did not find that a violent career criminal sentence was not necessary for the protection of the public, appellant was properly sentenced to life in prison pursuant to section 775.084(4)(d)l. We also…
• Carswell v. State, 23 So. 3d 195 (Fla. 4th DCA 2009)
  …his argument solely to defend the State’s appeal, the defendant requested affirmative relief — -relief that required the filing of a notice of cross-appeal. See, e.g., Padilla v. State, 905 So. 2d 217, 219 (Fla. 3d DCA 2005); see also Pope v. State, 884 So. 2d 328, 330 (Fla. 2d DCA 2004); Guerra v. State, 546 So. 2d 133 (Fla. 4th DCA 1989). We now hold that the trial court was correct to have entered the judgment of acquittal on the aggravated battery charge. This does not end the inquiry, however. A new tri…
• Pope v. State, 911 So. 2d 237 (Fla. 2d DCA 2005)
  …sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion as moot, finding that the sentence that Pope challenged had been vacated and ordered that Pope be resentenced in accordance with Pope v. State, 884 So. 2d 328 (Fla. 2d DCA 2004). Because Pope has not been resentenced, his motion is premature, not moot. Nevertheless, the trial court should have dismissed, and not denied, the motion. See Edwards v. State, 780 So. 2d 286 (Fla. 1st DCA 2001). Therefore, we re…

Authorities Cited

• Gore v. State, 784 So. 2d 418 (Fla. 2001)
• Dorsey v. State, 847 So. 2d 587 (Fla. 5th DCA 2003)