STATE OF FLORIDA, PETITIONER,

v.

MARLENE SILVESTRI, RESPONDENT

Citator

Cited By (17 total)

• State v. Sykes, 434 So. 2d 325 (Fla. 1983)
  …); Milazzo v. State, 377 So. 2d 1161 (Fla.1979); King v. State, 339 So. 2d 172 (Fla.1976), affirming 317 So. 2d 852 (Fla. 1st DCA 1975); McAbee v. State, 391 So. 2d 373 (Fla. 2d DCA 1980); Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA), approved, 340 So. 2d 928 (Fla.1976). By defining the crimes of theft and grand theft of the first and second degrees so that one of the ways they may be proved is by showing that the accused endeavored to obtain or use the property of another with the requisite criminal in…

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• LEE v. State, 368 So. 2d 395 (Fla. 3d DCA 1979)
  …f the lesser, included offense — even if he did not commit it, and even if there is no evidence that he did. I adhere to the view I expressed, writing for the Fourth District in Silvestri v. State, 332 So. 2d 351, 353-354 (Fla. 4th DCA 1976), aff'd, 340 So. 2d 928 (Fla.1976); that, under the law established by the supreme court, a jury “. . . obviously has the power — to grant the defendant a ‘pardon’ for the more serious offense by convicting him only of a lesser one, even one which does not exist as a matt…
• Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA 1980)
  …ment. Clearly, the jury did not believe the circumstances called for Redondo to serve no less than three years in the state penitentiary without parole. I have previously commented, in Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976) affirmed, 340 So. 2d 928 (Fla.1976); and Lee v. State, 368 So. 2d 395 (Fla. 3d DCA 1979) (Schwartz, J., specially concurring), upon the illogicality of the Florida doctrine which requires instructions on lesser included offenses for which there are no factual bases. In this…

Authorities Cited

• Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976)
• King v. State, 339 So. 2d 172 (Fla. 1976)