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| State v. Perez, No. 3D07-1548,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 13, 2008, Opinion Filed
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Overview: Appeal was dismissed as that defendant was to serve probation violation sentence in county jail, rather than state prison, was immaterial. Difference in location of imprisonment was not downward departure sentence under ¿¿ 921.0024(2) and 924.07(1)(i), Fla. Stat., and State was not harmed as it did not have to support defendant.
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| Vanevery v. State, No. 4D06-3120,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Judgment was reversed as any statements made by defendant after officer told him that "withholding information (was) crime, and (he did not) want (police) to mess with (him)" were inadmissible as they were contrary to Miranda warnings, which informed defendant that he could stop answering questions at any time.
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| Wal-Mart Stores East L.P. v. Town of Davie, No. 4D07-1856,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Second-tier petition for certiorari review of town council's denial of retailer's application for site plan approval was denied; circuit court, acting in its appellate capacity, properly reviewed council's unwritten decision and properly applied the three-prong standard of review, finding that substantial evidence supported denial of application.
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| Ward v. State, No. 4D07-4965,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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| Wilson v. State, No. 4D06-4051,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 13, 2008, Decided
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Overview: Trial court's self-defense instruction, which required defendant's use of force to be justified as to both victims of an aggravated battery before self-dense could be established as to either victim, constituted fundamental error that resulted in a reversal of defendant's convictions for aggravated battery and misdemeanor battery.
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