ALBERTO GUERRERO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Whereas, the judgment of this court was entered on July 3, 1973 (281 So. 2d 557) affirming the judgments of conviction and sentences of the Circuit Court for Dade County, Florida (formerly Criminal Court1 of Record # 72-984) in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed January 23, 1974 (289 So. 2d 396) and mandate now filed in this court reversed this court’s judgment and remanded the cause with directions;
Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause on September 11, 1973 is withdrawn, this court’s opinion and judgment filed in this cause on July 3, 1973 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment of conviction and sentence for breaking and entering with intent to commit grand larceny is reversed and the cause is remanded with directions to enter a judgment of conviction for breaking and entering with intent to commit petit larceny and to resentence appellant accordingly. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R., 32 F.S.A.).
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Cited By (11 total)
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Booker v. State, 397 So. 2d 910 (Fla. 1981)…sacked. From this evidence the jury could infer that the defendant was in search of valuables and that his object was to steal them. Walker v. State, 44 Fla. 466, 32 So. 954 (1902). See also Guerrero v. State, 289 So. 2d 396 (Fla.1974); conformed to 291 So. 2d 103 (Fla. 3d DCA 1974). Intent, being a state of mind, must in most cases be inferred from the circumstances. Edwards v. State, 213 So. 2d 274 (Fla. 3d DCA), cert. denied, 221 So. 2d 746 (Fla.1968). The circumstances in the case sub judice are open to o…
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Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984)…dy but only if the complaint alleged, and the plaintiff proved, that child was physically present within the state. See Yelton v. Yelton, 295 So. 2d 119 (Fla. 4th DCA 1974); Castle v. Castle, 247 So. 2d 455 (Fla. 4th DCA 1971); Reinhart v. Reinhart, 291 So. 2d 103 (Fla. 1st DCA 1974); Keena v. Keena, 245 So. 2d 665 (Fla. 1st DCA 1971); Powell v. Powell, 242 So. 2d 138 (Fla. 1st DCA 1970), rev. den., 258 So. 2d 818 (Fla.1972); Nieburger v. Nieburger, 214 So. 2d 382 (Fla. 1st DCA 1968); Smith v. Davis, 147 So.…
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Young v. Hector, 740 So. 2d 1153 (Fla. 3d DCA 1998)…633 So. 2d 1096, 1099 (Fla. 5th DCA 1994); Ross v. Ross, 321 So. 2d 443, 444 (Fla. 3d DCA 1975). Appellate courts are never permitted to retry a court’s determination in this regard de novo or reweigh the evidence. [*1159] See Reinhart v. Reinhart, 291 So. 2d 103, 105 (Fla. 1st DCA 1974) (stating “[i]t may well be that were we permitted to hear the case de novo we might enter a different final judgment. However, such is not our prerogative.”); see also Miller v. Miller, 371 So. 2d 565, 566 (Fla. 4th DCA 1979…
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- Guerrero v. State, 289 So. 2d 396 (Fla. 1974)
- Guerrero v. State, 281 So. 2d 557 (Fla. 3d DCA 1973)