DARLENE MAROTTO, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Bradley v. State, 374 So. 2d 1154 (Fla. 3d DCA 1979)
  …rime” of first degree murder. Lowe v. Stack, 326 So. 2d 1 (Fla.1974); State ex rel. Manucy v. Wadsworth, 293 So. 2d 345 (Fla.1974); Hunter v. State, 358 So. 2d 557 (Fla. 4th DCA 1978), cert. denied, 365 So. 2d 712 (Fla.1978); see also Bell v. State, 360 So. 2d 6 (Fla.2d DCA 1978), cert. denied, 372 So. 2d 445 (Fla.1979). It is just as clear, contrary to the state’s contention, that the jurisdictional deficiency may be challenged, as here, by a Rule 3.850 motion, and need not be raised in a motion to dismiss…
• Howard v. State, 385 So. 2d 739 (Fla. 3d DCA 1980)
  …tried before a six-person jury and convicted of murder in the second degree on May 30, 1973. Upon the rationale of Lowe v. Stack, supra, the trial of the defendant was void and his adjudication and sentence must be reversed. See also Bell v. State, 360 So. 2d 6 (Fla. 2d DCA 1978), cert. denied 372 So. 2d 445 (Fla.1979); Smith v. State, 315 So. 2d 224 (Fla. 1st DCA 1975). The trial of the defendant was void; however, for the purpose of tolling the applicable period of limitations1 with respect to second de…
• State v. Bell, 372 So. 2d 445 (Fla. 1979)
  …Appeal from District Court of Appeal, Second District; 360 So. 2d 6. The Court having accepted jurisdiction and heard argument, and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, certiorari is denied. No Motion for Rehearing will be entertained by th…