CHARLES E. SIMMONS, M.D., PETITIONER,

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, RESPONDENT

Citator

Cited By

• Insko v. State, 969 So. 2d 992 (Fla. 2007)
  …t and designate capital and life felonies depending on the defendant’s and the victim’s ages. Comparing these statutes, other Florida courts have concluded that the age of the defendant is an element of lewd or lascivious conduct. In State v. D.A., 939 So. 2d 149 (Fla. 5th DCA 2006), the Fifth District considered the question in the context of the lewd or lascivious molestation statute. See § 800.04(5), Fla. Stat. (2001). Section 800.04(5) is structured similarly to subsection (6). Paragraph (5)(a) describes…
• Whitehall v. State, 81 So. 3d 599 (Fla. 2d DCA 2012)
  …nge did not result in any prejudice.” Neither of these contentions has merit. First, when an amended charge contains an element that the original charge did not, the amended charge is a “new” offense for the purposes of speedy trial. State v. D.A., 939 So. 2d 149, 153 (Fla. 5th DCA 2006) (certifying conflict on other grounds with Insko v. State, 933 So. 2d 679 (Fla. 2d DCA 2006), approved, 969 So. 2d 992 (Fla.2007)). Here, the plain language of section 316.1935(3) contains additional elements that subsection…
• Martius Develle Holland v. State, 210 So. 3d 238 (Fla. 1st DCA 2017)
  …. 2d 960, 962 (Fla. 1st DCA 2005) (emphasis in original). “A ‘new’ offense is one that contains an element that [*240] the originally charged offense did not contain.” McDuffie v. State, 135 So. 3d 317, 320 (Fla. 1st DCA 2012) (citing State v. D.A., 939 So. 2d 149, 153 (Fla. 5th DCA 2006)); see also Whitehall v. State, 81 So. 3d 599, 604 (Fla. 2d DCA 2012) (reversing judgment and sentence for crime charged in an amended information filed after expiration of the speedy trial period during the recapture period…

Authorities Cited

• Sherrill Turner v. Singletary, 623 So. 2d 537 (Fla. 1st DCA 1993)