LESTER LAMON PAYTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Thomas v. State, 356 So. 2d 846 (Fla. 4th DCA 1978)
  …nt, suspension or withholding of adjudication or sentence. Deferred sentencing is not permitted. Helton v. State, 106 So. 2d 79 (Fla.1958); State v. Bateh, 110 So. 2d 7 (Fla.1959); McMillan v. State, 321 So. 2d 441 (Fla. 2 DCA 1975); Jones v. State, 336 So. 2d 672 (Fla. 1 DCA 1976); State v. Sweetman, 302 So. 2d 164 (Fla. 4 DCA 1974). See also Cunningham v. State, 349 So. 2d 702 (Fla. 4 DCA 1977).1 A suspended sentence is only available if a person is placed on probation. Section 948.-01(4) and (5) (1975) Hel…
• Payton v. State, 350 So. 2d 775 (Fla. 1977)
  …BOYD, Justice, dissenting. I respectfully dissent to the majority decision to deny Payton’s petition for a writ of certiorari. I believe the decision of the District Court of Appeal, First District, reported at 336 So. 2d 672, affirming the conviction of petitioner conflicts with Chaffin v. State, 204 So. 2d 22 (Fla. 1st DCA 1967); Johnson v. State, 118 So. 2d 806 (Fla. 2d DCA 1960); O’Bryan v. State, 324 So. 2d 713 (Fla. 1st DCA 1976) and Hollis v. State, 27 Fla. 387, 9…
• Wilcox v. State, 356 So. 2d 887 (Fla. 3d DCA 1978)
  …o the defendant’s contention that the court erred in failing to give a special instruction with respect to fingerprints as circumstantial evidence, I entirely agree with the court’s disposition of this point based on the authority of Jones v. State, 336 So. 2d 672 (Fla. 1st DCA 1976). I would reverse the conviction herein and remand the cause for a new trial. . The testimony of the arresting officer on direct examination by the state and defense counsel’s motion for mistrial based thereon occurred at trial…