PORTE

v.

CITY OF MIAMI BEACH

Citator

Cited By

• Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981)
  …om robbery instruction of intention to permanently deprive; evidence “is overwhelming that the robbers took the $80,000 with the intention of keeping it, and did in fact keep it.”); Hamilton v. State, 152 So. 2d 793 (Fla. 2d DCA 1963), cert. denied, 156 So. 2d 388 (Fla.1963) (failure to define excusable homicide, where evidence “did not bespeak a basic necessity requiring ... instruction”); see also, Bolen v. State, 375 So. 2d 891 (Fla. 4th DCA 1979) (unnecessary to consider propriety of charge concerning ess…
• Vergara v. State, 486 So. 2d 14 (Fla. 3d DCA 1986)
  …ruction. See Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981), cert. denied, 459 U.S. 1149, 103 S.Ct. 793, 74 L.Ed.2d 998 (1983); Jackson v. State, 251 So. 2d 702 (Fla. 2d DCA 1971); Hamilton v. State, 152 So. 2d 793 (Fla. 2d DCA), cert. denied, 156 So. 2d 388 (Fla.1963). Finally, no reversible error is presented in the trial court’s departure from the sentencing guidelines inasmuch as the reasons stated for said departure fully justified the departure based on this record. See Baker v. State, 466 So. 2…
• Werhan v. State, 673 So. 2d 550 (Fla. 1st DCA 1996)
  …g with the other evidence, that defendant prior to the accident had partaken of alcoholic beverages, despite the fact that he was acquitted [of] ... manslaughter while intoxicated.” Hamilton v. State, 152 So. 2d 793, 797 (Fla. 2d DCA), cert. denied, 156 So. 2d 388 (Fla.1963). But “that defendant ‘had been drinking’ or was to some degree under the influence is not proof of culpable negligence.” Jackson v. State, 100 So. 2d 839, 842 (Fla. 1st DCA 1958). Such evidence is admissible only upon the theory that per…