AUSBEN DAREL DOWD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Wooten v. State, 404 So. 2d 1072 (Fla. 3d DCA 1981)
  …ahaun likewise requires that a guilty verdict for possession be set aside. Contra, Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA 1980), review granted, Fla. Case no. 59,302 (1981); Frazier v. State, 294 So. 2d 691 (Fla. 1st DCA 1974), cert. denied, 307 So. 2d 185 (Fla. 1975); but cf., Reeder v. State, 399 So. 2d 445 (Fla. 5th DCA 1981). Thus, notwithstanding the clearly-expressed contrary intent of the legislature, and, in many cases, of the jury as well, § 790.07 has judicially been rendered entirely ineffe…

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• Clausell v. State, 455 So. 2d 1050 (Fla. 3d DCA 1984)
  …has long been recognized by our case law, see Smith v. State, 95 So. 2d 525 (Fla.1957); Peterson v. State, 376 So. 2d 1230 (Fla. 4th DCA 1979), cert. denied, 386 So. 2d 642 (1980); Frazier v. State, 294 So. 2d 691 (Fla. 1st DCA 1974), cert. denied, 307 So. 2d 185 (1975). Nor does the decision of our sister court in Fitzpatrick v. Smith, 432 So. 2d 89 (Fla. 5th DCA 1983), alter our view. In Fitzpatrick, the defendant’s motion to disqualify the State Attorney’s office was based on the fact that the defendant…
• Metro. Dade Cnty. v. Bertram Craven, 458 So. 2d 1145 (Fla. 3d DCA 1984)
  …ns are decided. See Gentile v. Department of Professional Regulation, Board of Medical Examiners, 448 So. 2d 1087 (Fla. 1st DCA 1984); Metropolitan Dade County v. Stein, 296 So. 2d 643, 645 (Fla. 3d DCA 1974) (Carroll, J., dissenting), cert. denied, 307 So. 2d 185 (Fla.1975); cf. City of Opa-Locka v. Carlile, 323 So. 2d 661 (Fla. 3d DCA 1975) (no competent evidence warranted dismissal and reinstatement proper because no question of unresolved issues), cert, dismissed, 330 So. 2d 15 (Fla. 1976).…

Authorities Cited

• Burkett v. Am. Nat'l Bank & Tr. Co. OF Fort Lauderdale, 297 So. 2d 147 (Fla. 4th DCA 1974)