KELLER INDUSTRIES

v.

FINEBERG

Citator

Cited By

• State v. White, 324 So. 2d 630 (Fla. 1975)
  …acker” or “backstabber” immunity from criminal assault as the majority concludes. Consequently, I would adhere to the decisions in Battle v. State, 292 So. 2d 594 (Fla.App.2d 1974); McCullers v. State, 206 So. 2d 30 (Fla.App.4th 1968), cert. denied, 210 So. 2d 868 (Fla.1968); Nelson v. State, 157 So. 2d 96 (Fla.App.3d 1963), cert. denied, 165 So. 2d 178 (Fla.1964, and Clark v. State, 318 So. 2d 487 (Fla.App.4th 1975), insofar as it 'applies to the crime of assault prior to statutory definition thereof by the…
• Valease Jackson v. State, 662 So. 2d 1369 (Fla. 1st DCA 1995)
  …. There is no question but that a motor vehicle may qualify as a “deadly weapon” if used as was the automobile in this case. E.g., Williamson v. State, 92 Fla. 980, 111 So. 124 (1926); McCullers v. State, 206 So. 2d 30 (Fla. 4th DCA), cert. denied, 210 So. 2d 868 (Fla.1968); Solitro v. State, 165 So. 2d 223 (Fla. 2d DCA 1964). Appellant does not argue to the contrary. Rather, as in the trial court, he contends that, because it is not physically possible for one to “carry” an automobile, the charge of armed r…
• Paterno v. Fernandez, 569 So. 2d 1349 (Fla. 3d DCA 1990)
  …e is no doubt that the defendant was convicted since a guilty plea was entered. See Long v. State, 529 So. 2d 286 (Fla.1988) (guilty plea is an agreement for the entry of a conviction); Lee v. State, 204 So. 2d 245 (Fla. 4th DCA 1967), cert. denied, 210 So. 2d 868 (Fla.1968) (guilty plea is a conviction). Secondly, there is no dispute that the defendant was convicted of an offense for which restitution was ordered. As a result, section 775.089(8) mandates that the defendant is estopped “from denying the essen…

Authorities Cited

• Keller Indus., Inc. v. Fineberg, 203 So. 2d 644 (Fla. 3d DCA 1967)