BRAZIL

v.

SAMBO'S RESTAURANTS, INC.

Citator

Cited By (69 total)

• Bell v. State, 437 So. 2d 1057 (Fla. 1983)
  …ent concept applies to convictions as well as sentences in single trial settings. The old Fifth Circuit Court of Appeal ruled that a conviction without a sentence is not harmless. United States v. Buckley, 586 F. 2d 498 (5th Cir.1978), cert. denied, 440 U.S. 982, 99 S.Ct. 1792, 60 L.Ed.2d 242 (1979). Buckley held that where a defendant was improperly convicted for a lesser included offense, the appropriate procedure is to vacate both the conviction and the sentence on the included offense, while allowing th…
• Gonzalez v. State, 449 So. 2d 882 (Fla. 3d DCA 1984)
  …1057 (Fla.1983), relying on Harris v. Oklahoma, 433 U.S. 682, 97 S.Ct. 2912, 53 L.Ed.2d 1054 (1977), United States v. Gaddis, 424 U.S. 544, 96 S.Ct. 1023, 47 L.Ed.2d 222 (1976), United States v. Buckley, 586 F. 2d 498 (5th Cir. 1978), cert. denied, 440 U.S. 982, 99 S.Ct. 1792, 60 L.Ed.2d 242 (1979). Buckley held that “where a defendant is improperly convicted for a lesser included offense, the proper remedy is to vacate both the conviction and sentence on the included offense, leaving the conviction and s…
• State v. Birs, 394 So. 2d 1054 (Fla. 4th DCA 1981)
  …ment based on the entire picture presented to him and utilize his common sense. When this procedure is followed, his determination is conclusive in the absence of arbitrariness. United States v. Weinrich, 586 F. 2d 481 (5th Cir. 1978); cert. denied, 440 U.S. 982, 99 S.Ct. 1792, 60 L.Ed.2d 243 (1979). The order granting appellees’ motion to suppress discloses that the trial court isolated certain allegations and determined that they were insufficient to establish probable cause. Further, the trial court did…