CARTER ET AL.

v.

UNITED STATES

Citator

Cited By (13 total)

• State v. Booker, 529 So. 2d 1239 (Fla. 1st DCA 1988)
  …also have intended to participate in the crime. See Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983). The issue of a defendant’s intent is not resolvable by a motion to dismiss. See State v. Milton, 488 So. 2d 878 (Fla. 1st DCA), cert. denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (1986), quoting State v. Hricik, 445 So. 2d 1119, 1120 (Fla. 2d DCA 1984), stating that “[a] defendant’s intent is not an issue to be decided by the trial court on a Rule 3.190(c)(4) motion to dismiss.” REVERSED and R…
• State v. Snyder, 635 So. 2d 1057 (Fla. 2d DCA 1994)
  …summary judgment proceeding. The court also may not consider the weight of conflicting evidence or the credibility of the witnesses in determining whether a material issue of fact exists. State v. Milton, 488 So. 2d 878 (Fla. 2d DCA), cert, denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (U.S.1986). Applying this test to the instant case, I would hold that the evidence establishes a prima facie case against the appellee and reverse for a trial on the merits. The appellee was charged with illegal posse…
• State v. Sedia, 614 So. 2d 533 (Fla. 4th DCA 1993)
  …tercourse with the defendant before the alleged penetration occurred. As this is a reasonable interpretation of the statute, the trial court erred in dismissing count I against Sedia. See State v. Milton, 488 So. 2d 878 (Fla. 1st DCA), cert. denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (1986). In so holding, we do not mean to imply that all people attacked from behind fall within the scope of the statute. Count II of the information accused Sedia of violating Florida Statute 794.-011(5). This sectio…