THE STATE OF FLORIDA, PETITIONER,

v.

MANUEL RODRIGUEZ, RESPONDENT

Citator

Cited By

• City OF Daytona Beach v. Del Percio, 476 So. 2d 197 (Fla. 1985)
  …for a lesser punishment while the other goes to trial, are not per se indicative that the harsher sentence is an impermissible punishment for exercising the right to trial. See, e.g., Weathington v. State, 262 So. 2d 724 (Fla. 3d DCA), cert. denied, 267 So. 2d 330 (Fla.1972), cert. denied, 411 U.S. 933, 93 S.Ct. 1905, 36 L.Ed.2d 393 (1973), pet. for writ of habeas corpus denied sub nom., Weathington v. Wainwright, 486 F.Supp. 934 (S.D.Fla.1979), aff'd, 618 F. 2d 1183 (5th Cir.1980). However, the defendant’s e…
• Cavallaro v. State, 647 So. 2d 1006 (Fla. 3d DCA 1994)
  …jury. City of Daytona Beach v. Del Percio, 476 So. 2d 197, 205 (Fla. 1985); Gallucci v. State, 371 So. 2d 148, 150 (Fla. 4th DCA 1979), cert. denied, 383 So. 2d 1194 (Fla.1980); Weathington v. State, 262 So. 2d 724, 725 (Fla. 3d DCA), cert. denied, 267 So. 2d 330 (Fla.1972), cert. denied, 411 U.S. 933, 93 S.Ct. 1905, 36 L.Ed.2d 393 (1973). Additionally, a party’s decision to exercise his or her right to jury trial cannot be viewed as a showing of lack of remorse. As was well set forth by the Second District…
• Onelio G. Garcia, Jr. v. State, 594 So. 2d 806 (Fla. 1st DCA 1992)
  …89)] and the elements of battery [§ 784.03, Fla.Stat. (1989) ] are distinctly different, and assault is not a necessarily lesser included offense subsumed in the offense of battery. See Rodriguez v. State, 263 So. 2d 267 (Fla. 3d DCA), cert. denied, 267 So. 2d 330 (Fla.1972). Cf. Nelson v. State, 157 So. 2d 96 (Fla. 3d DCA 1963), cert. denied, 165 So. 2d 178 (Fla.1964), disapproved in State v. White, 324 So. 2d 630 (Fla.1975). The facts in this case support Garcia’s convictions of both offenses. Garcia’s cha…

Authorities Cited

• Adams v. State, 263 So. 2d 267 (Fla. 3d DCA 1972)