DAVID BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Burch v. State, 977 So. 2d 778 (Fla. 5th DCA 2008)
  …ictim had given him money to purchase. Second, we do not know whether defense counsel’s decision not to call O’Neal was a trial tactic. If so, this is a determination that usually should be made after an evidentiary hearing. See Pomposello v. State, 940 So. 2d 500, 500 (Fla. 5th DCA 2006). [*781] Accordingly, we affirm in part, reverse in part and remand for an evidentiary hearing on grounds One and Three. AFFIRMED in part; REVERSED in part; AND REMANDED. PLEUS and SAWAYA, JJ., concur. . For example, the S…
• WAY v. State, 41 So. 3d 425 (Fla. 1st DCA 2010)
  …opening statement and closing argument an arrest on an unrelated charge in a neighboring county, and permitted the state to refer to that charge in closing argument as well. This claim was also facially sufficient, see generally Pomposello v. State, 940 So. 2d 500, 501 (Fla. 5th DCA 2006); Haynes v. State, 729 So. 2d 498, 500-01 (Fla. 1st DCA 1999); Johnson v. State, 611 So. 2d 88, 89 (Fla. 2d DCA 1992), and not conclusively refuted by the portions of the record attached by the trial court to its order. Accor…
• Brown v. State, 7 So. 3d 528 (Fla. 2009)
  …PER CURIAM. We have for review Brown v. State, 940 So. 2d 500 (Fla. 4th DCA 2006), an unelabo-rated decision in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So. 2d 952 (Fla.2008). When the Fourth D…

Authorities Cited

• Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)