EUGENE COOPER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant Eugene Cooper was convicted of manslaughter, unlawful possession of a firearm while engaged in a criminal offense and carrying a concealed firearm.
Defendant appeals that part of the sentencing order which required that defendant not be eligible for parole for the mandatory minimum of three years. We agree and strike and delete that portion of the sentence since manslaughter is not one of the crimes set forth in Section 775.087(2), Florida Statutes (1977), prescribing a mandatory minimum sentence upon conviction for certain offenses when a firearm is used.
As to the defendant’s other points on appeal, namely, first that the trial court erred in declaring a state’s witness to be adverse, and second, that the trial court abused its discretion in permitting the co-prosecutor to testify for purposes of impeaching a state’s witness in violation of the witness sequestration rule, we affirm the decision of the trial court on the authority of Bryan v. State, 45 Fla. 8, 34 So. 243 (1903); Romano v. Palazzo, 83 Fla. 243, 91 So. 115 (1922); Jones v. State, 273 So. 2d 8 (Fla. 3d DCA 1973).
Affirmed in part, reversed in part.
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Sw. Ranches Homeowners Ass'n, Inc. v. Cnty. OF Broward, 502 So. 2d 931 (Fla. 4th DCA 1987)…question did not constitute illegal “spot zoning.” Spot zoning is the name given to the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony with the surrounding area. See Dade County v. Inversiones Rafamar, S.A., 360 So. 2d 1130, 1133 (Fla. 3d DCA 1978). Spot zoning is usually thought of as giving preferential treatment to one parcel at the expense of the zoning scheme as a whole. See Allapattah Community Ass’n, Inc. of Florida v. City of Miami, 379 So. 2d 387, 394 (Fla. 3d…
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Metro. Dade Cnty. v. Blumenthal, 675 So. 2d 598 (Fla. 3d DCA 1995)…bvious, the County Commission in making a zoning decision may legitimately take into consideration the consistency of the proposed project with the adjacent properties and the actual development of the area. Dade County v. Inversiones Rafamar, S.A., 360 So. 2d 1130, 1132 (Fla. 3d DCA 1978); Code of Metropolitan Dade County, § 33-311. The facts of this case are essentially undisputed. In Section 19 the County Commission had already approved a 1,440-unit residential subdivision called Mag Landea. Mag Landea fac…1 / 2
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Dade Cnty. v. United Res., Inc., 374 So. 2d 1046 (Fla. 3d DCA 1979)…he substantial competent evidence to support the County Commission’s denial of their zoning application. As such, this Court must apply the fairly debatable rule which governs the disposition of this matter. Dade County v. Inversiones Rafamar, S.A., 360 So. 2d 1130 (Fla. 3d DCA 1978); Dade County v. Yumbo, S.A., 348 So. 2d 1392 [392] (Fla. 3d DCA 1977); Dade County v. Marca, S.A., 331 So. 2d 142 [Marca v. Dade County, 332 So. 2d 142] (Fla. 3d DCA 1976). The Court finds that the adoption of Zoning Resolution No…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Romano v. Palazzo, 83 Fla. 243 (Fla. 1922)
- Bryan v. State, 45 Fla. 8 (Fla. 1903)
- Jones v. State, 273 So. 2d 8 (Fla. 3d DCA 1973)