AL FEATHERSTON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1974-10-15

No. 73-1316

Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.

301 So. 2d 456 Florida District Court of Appeal, Third District (1974) Positive Treatment

Cited by 10 cases

Opinion of the Court

PER CURIAM.

This is an appeal from a summary denial of defendant’s motion to vacate a judgment and sentence for arson in the second degree, pursuant to CrPR 3.850.

Appellant contends that the allegations contained in his motion entitled him to an evidentiary hearing, and a summary denial of the motion by the trial judge constituted an abuse of discretion.

We disagree with the defendant’s contention and affirm upon the authority of e. g., Austin v. State, Fla.App. 1964, 160 So. 2d 730; Conyers v. State, Fla.App.1968, 215 So. 2d 616; Nelson v. State, Fla.App. 1969, 227 So. 2d 533; Peterson v. State, Fla.App. 1970, 237 So. 2d 223; Parks v. State, Fla.App. 1971, 256 So. 2d 40.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Robinson v. State, 338 So. 2d 1309 (Fla. 4th DCA 1976)

…it but rather because it defines a material portion of the offense charged. In this context it isn’t necessary that it be predicated upon admitted evidence; it is appropriate, indeed mandatory, otherwise.” 245 So. 2d at 99. See also Clark v. State, 301 So. 2d 456 (Fla.3d DCA 1974). We have not overlooked Hancock v. State, 276 So. 2d 223 (Fla.1st DCA 1973). The court there recognized that an instruction on justifiable and excusable homicide is required in defining manslaughter; but it held that the trial cou…
Mathis v. State, 348 So. 2d 1221 (Fla. 3d DCA 1977)

…the jury on attempted possession of a short-barreled shotgun as a lesser included offense, in violation of Fla.R.Crim.P. 3,510, citing Brown v. State, 206 So. 2d 377 (Fla.1968); Miles v, State, 258 So. 2d 333 (Fla. 3rd D.C.A. 1972); Clark v. State, 301 So. 2d 456 (Fla. 3rd D.C.A. 1974); State v. Terry, 336 So. 2d 65 (Fla.1976). The defendant was given five years for possession of a short-barreled shotgun, to run concurrently with the other sentences, Therefore, in light of the other sentences2 accorded the…
Lawson v. State, 383 So. 2d 1114 (Fla. 3d DCA 1980)

…ned as homicide which is not murder, and which is neither justified nor excused.2 Thus, a [*1115] complete explication of manslaughter requires definition of the acts statutorily excluded therefrom. Hedges, supra, at 826; followed in Clark v. State, 301 So. 2d 456 (Fla.3d DCA 1974); DeMattia v. State, 292 So. 2d 390 (Fla.3d DCA 1974). Appellee contends that a trial court may choose not to reinstruct on charges not specifically requested by the jury, citing Henry v. State, 359 So. 2d 864 (Fla.1978). Such a re…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964)
Peterson v. State, 237 So. 2d 223 (Fla. 1st DCA 1970)
Conyers v. State, 215 So. 2d 616 (Fla. 3d DCA 1968)
Parks v. State, 256 So. 2d 40 (Fla. 3d DCA 1971)
Nelson v. State, 227 So. 2d 533 (Fla. 3d DCA 1969)

Full citator, related cases, and AI research tools

Open in FLexlaw