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   State Courts - Florida - February 3, 2006

  
Finklea v. State, CASE NO.: 1D04-0983, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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Overview: Trial court abused its discretion in refusing to give a complete reinstruction on the crime of possession; the portion of the instruction given likely confused jurors as to the distinction between "possess" and "possession." By reading a partial instruction, the trial court left out the "knowledge" portion of the definition of unlawful possession.

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Granberry v. State, Case No. 5D05-2764, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Since the appellate court concluded that the appellate counsel's failure to argue that the erroneous jury instruction on justifiable use of force amounted to fundamental error and constituted ineffective assistance of appellate counsel, defendant's petition for a belated appeal, claiming ineffective assistance of appellate counsel was granted.

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Griner v. Crosby, CASE NO. 1D05-3870, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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Hale v. Fla. Unemployment Appeals Comm'n, CASE NO. 1D05-1428, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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Hayward v. State, CASE NO. 5D05-1410, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Since it was clear that defendant would have accepted his plea without an expectation of receiving gain time as he was advised to "presume the worst" and "count on the full sentence" with no gain time award, he was not entitled to relief under Fla. R. Crim. P. 3.850 based on counsel failing to inform him that he would not be eligible for gain time.

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Hernandez v. State, Case No. 5D04-2467, COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Since defendant challenged whether all of the substance introduced at trial was actually cannabis, and the jury instruction did not require a finding of the amount of cannabis, the instruction as to the essential elements of Fla. Stat. §§ 777.04(3), 893.03(1)(c)(7) and 893.135(1)(a), and, thus, constituted fundamental error.

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Hodges v. State, Case No. 2D04-4807, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 3, 2006, Opinion Filed
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Overview: Entry of plea of nolo contendere to a subsequent charged offense, without an entry of conviction thereon, was insufficient basis for revoking probation and adjudicating guilt on underlying offense; probationer who contested guilt of subsequent offense should have been provided opportunity to argue her side of the case.

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Jenkins v. Campbell, CASE NO. 1D06-0302, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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Manning v. Tunnell, CASE NO.: 1D04-0416, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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Parramore v. Crosby, CASE NO. 1D05-2164, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 3, 2006, Opinion Filed
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