STATE OF FLORIDA, PETITIONER,
v.
WILBUR HARRY LEE, RESPONDENT
STATE OF FLORIDA, PETITIONER,
WILBUR HARRY LEE, RESPONDENT
240 So. 2d 642
Florida Supreme Court (1970)
Positive Treatment
Cited by 3 cases
Opinion of the Court
Certiorari denied. 239 So.2d 136.
DREW, Acting C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Orestes Rodriguez v. State, 462 So. 2d 1175 (Fla. 3d DCA 1985)…be betrayed constituted reversible error); Kozakoff v. State, 323 So. 2d 28 (Fla. 4th DCA 1975), cert. denied, 336 So. 2d 1184 (Fla.1976); Bell v. State, 311 So. 2d 179 (Fla. 1st DCA 1975); Lee v. State, 239 So. 2d 136 (Fla. 1st DCA), cert. denied, 240 So. 2d 642 (Fla.1970). In support of its second position the state relies upon Tejeda-Bermudez v. State, 427 So. 2d 1096 (Fla. 3d DCA 1983); Sayan v. State, 381 So. 2d 363 (Fla. 4th DCA 1980); and Armstrong v. State, 364 So. 2d 1238 (Fla. 1st DCA 1977), cert.…1 / 2
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Warren v. State, 498 So. 2d 472 (Fla. 3d DCA 1986)…tions.” 290 So. 2d at 484. The Court then proceeded to approve “Allen” charges generally, id., thereby removing a cloud which had been placed over such charges by the First District in Lee v. State, 239 So. 2d 136, 139 (Fla. 1st DCA), cert. denied, 240 So. 2d 642 (Fla.1970). The Court’s approval of the standard charge for future cases, however, as opposed to the actual charge given in Bryan, supports the accuracy of Judge Glickstein’s subsequent observation that “Florida’s current standard deadlock charge av…
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Smith v. State, 259 So. 2d 498 (Fla. 1st DCA 1972)…trial court erred in withholding sentence from day to day and term to term as to counts two and three. It is urged that such a disposition was improper under this Court’s decision in McCloud v. State, 237 So. 2d 818 (Fla.App. 1st, 1970), cert. den. 240 So. 2d 642 (Fla.1970). As set forth in the cases cited in the McCloud decision, we note here as a precautionary measure only the general rule that the trial court must exercise his power to sentence, if at all, before the lapse of the extreme period for which…
Authorities Cited
- LEE v. State, 239 So. 2d 136 (Fla. 1st DCA 1970)