ANTHONY DAVIS, PETITIONER,

v.

WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• State v. Rumi Major, 30 So. 3d 608 (Fla. 4th DCA 2010)
  …wing the marijuana could lend itself to differing conclusions, depending on appellee’s intent. Determining the intent of the defendant should be left to the trier of fact and is therefore not the proper subject of a motion to dismiss. E.I. v. State, 25 So. 3d 625 (Fla. 2d DCA 2009); State v. Santiago, 938 So. 2d 603 (Fla. 4th DCA 2006). Reversed. TAYLOR and GERBER, JJ., concur.…
• Costanzo v. State, 152 So. 3d 737 (Fla. 4th DCA 2014)
  …amount to a violation of the statute. “[TJhe offense of tampering is committed only when the defendant takes some action that is designed to actually alter or destroy the evidence rather than just removing it from his or her person.” E.I. v. State, 25 So. 3d 625, 627 (Fla. 2d DCA 2009). In Obas v. State, 935 So. 2d 38, 38 (Fla. 4th DCA 2006), for example, the defendant emptied a pill container of crack cocaine rocks as police approached. He tossed the container five feet away after police ordered him to st…

Authorities Cited

• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)