EDWARD CHARLES GENTER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Melvee Tucker v. State, 459 So. 2d 306 (Fla. 1984)
  …lloway v. Florida, 449 U.S. 905, 908, 101 S.Ct. 281, 283, 66 L.Ed.2d 137 (1980) (Blackmun, J., joined by Brennan and Marshall, J.J., dissenting from denial of certiorari) (emphasis in original, footnote omitted), denying cert. to, Holloway v. State, 362 So. 2d 333 (Fla. 3d DCA 1978), cert. denied, 379 So. 2d 953 (Fla.1980). The jury need not and should not be told that the statute of limitations applicable to the less serious, included offenses has expired. To so instruct the jury might prejudice the right o…
• Keenan v. State, 379 So. 2d 147 (Fla. 4th DCA 1980)
  …e convicted of any lesser offense ... on which the statute of limitations has run,” held that by definition no lesser offense exists in such a situation because any conviction returned as to such lesser offense would be a nullity, Holloway v. State, 362 So. 2d 333 (Fla.3d DCA 1978). We are in agreement with the foregoing; however, nowhere does Holloway speak to “jury pardon” as such. Nonetheless it remains our opinion that if there are no convictable degrees for the charged offense to be divided into, and no…
• Holloway v. State, 379 So. 2d 953 (Fla. 1980)
  …BOYD, Justice, dissenting. This case is before us on conflict certiora-ri to review Holloway v. State, 362 So. 2d 333 (Fla. 3d DCA 1978). The decision of the district court conflicts with Brown v. State, 206 So. 2d 377 (Fla.1968), and that court’s attempt to distinguish Brown does not convince me. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. Petitioner was…

Authorities Cited

• Williams v. State, 110 So. 2d 654 (Fla. 1959)
• Emmitt Monroe Spencer v. State, 133 So. 2d 729 (Fla. 1961)
• Baisden v. State, 203 So. 2d 194 (Fla. 4th DCA 1967)
• G. W. B. v. State, 340 So. 2d 969 (Fla. 1st DCA 1976)
• Magueira v. State, 352 So. 2d 587 (Fla. 3d DCA 1977)
• Quintana v. State, 352 So. 2d 587 (Fla. 3d DCA 1977)