JOHNNIE LEE HAMPTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOHNNIE LEE HAMPTON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
358 So. 2d 878
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The defendant, Johnnie Lee Hampton, having appealed the denial without hearing of his motion to vacate judgment filed pursuant to Fla.R.Crim.P. 3.850, and this court having examined the record submitted and appellant’s motion filed in the trial court, and the court proceeding pursuant to Fla.R. App.P. 9.140(g) finds that the record shows conclusively that the appellant is entitled to no relief, whereupon, the order appealed is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sapp v. State, 913 So. 2d 1220 (Fla. 4th DCA 2005)…culpable negligence where there was no evidence that the defendant handled the gun recklessly in a place where he expected the presence of other people and the evidence that defendant had been drinking alcohol was not conclusive); Grantham v. State, 358 So. 2d 878 (Fla. 2d DCA 1978) (holding that where defendant was acquitted of charge of manslaughter by operating a motor vehicle while under the influence of alcohol, her conviction of manslaughter by culpable negligence could not lie where defendant’s driving…
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Strong v. State, 465 So. 2d 549 (Fla. 3d DCA 1985)…45 m.p.h. zone), driving at dusk without the headlights illuminated (only his parking lights were on), and had been drinking. Each of the foregoing facts, standing alone, would not support a conviction for manslaughter, see, e.g., Grantham v. State, 358 So. 2d 878 (Fla. 2d DCA 1978), but these facts when taken together are sufficient to support a conviction of manslaughter. See Flint v. State, 117 So. 2d 552 (Fla. 2d DCA 1960). I would affirm. . The opinion of the court additionally relied on Grala v. State…
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Karle Charlton v. Wainwright, 588 F.2d 162 (5th Cir. 1979)…ional violation of them. Carraway v. Revell, Fla.App.1959, 112 So. 2d 71; Cannon v. State, 1926, 91 Fla. 214, 107 So. 360. McCullers v. State, 206 So. 2d 30, 33 (Fla. 4th DCA), cert. denied, 210 So. 2d 868 (Fla. 1968);9 See also, Grantham v. State, 358 So. 2d 878 (Fla.2d DCA 1978); Filmon v. State, 336 So. 2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977). In sum, Florida has defined culpable negligence to involve a state of mind so wanton or reckless that the behavior it pr…