JEFFREY R. HASTINGS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McCLOUD v. State, 208 So. 3d 668 (Fla. 2016)
  …e weight to be given to the evidence by the trial court.’ ” Blanco v. State, 702 So. 2d 1250, 1252 (Fla.1997) (quoting [*676] Demps v. State, 462 So. 2d 1074, 1075 (Fla.1984)); accord Cox v. State, 966 So. 2d 337, 357-58 (Fla.2007); Parlee v. State, 899 So. 2d 458, 460 (Fla. 5th DCA 2005). Inasmuch as “a ruling is based on an audio recording [or videotape], the trial court is in no better position to evaluate such evidence than the appellate court, which may review the tape for facts legally sufficient to sup…
• Satnam Singh v. State, 995 So. 2d 1123 (Fla. 4th DCA 2008)
  …ing placed in the custody of the department. § 921.161, Fla. Stat. (2007). As such, this affirmance is without prejudice to appellant’s seeking post-sentencing jail credit, administratively, from the Department of Corrections. See Hastings v. State, 899 So. 2d 458 (Fla. 4th DCA 2005). POLEN, KLEIN and STEVENSON, JJ., concur.…
• Taurus Lejuane Jerido v. State, 15 So. 3d 851 (Fla. 1st DCA 2009)
  …of the trial judge, not the jury, to resolve issues of fact. Ray v. State, 896 So. 2d 974, 975 (Fla. 2d DCA 2005); Vasta v. State, 662 So. 2d 1327, 1328 (Fla. 2d DCA 1995); Johnson v. State, 566 So. 2d 888, 890 (Fla. 4th DCA 1990); Parlee v. State, 899 So. 2d 458, 460 (Fla. 5th DCA 2005). The trial court in the instant case reversibly erred in determining that questions of fact in a motion to suppress were matters for the jury to resolve. Accordingly, we RE [*852] VERSE and REMAND for further proceedings con…

Authorities Cited

• Washington v. State, 662 So. 2d 1027 (Fla. 5th DCA 1995)
• Reynolds v. State, 590 So. 2d 1043 (Fla. 1st DCA 1991)
• Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983)
• Kenon v. State, 616 So. 2d 635 (Fla. 4th DCA 1993)