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| Platt v. State, Case No. 5D05-3525,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Absent proof that defendant knew of a police officer's death prior to the conduct for which he was on trial, there was no evidentiary basis from which a trier of fact could infer that the death served as a motive for any of defendant's actions; consequently, the fact of the officer's death had no probative value and should have been excluded.
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| Prettyman v. State, Case No. 5D04-3200,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because an inmate, inter alia, did not allege that any specific error occurred in the trial that was not included in the record on appeal, did not complain of any errors or of an incomplete record in the Anders appeal, and an examination of the record failed to reveal any appealable issue, the inmate's habeas corpus petition was denied.
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| Romano v. Dep't of Bus. & Prof'l Regulation, Case No. 5D05-3781,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because it would have been absurd to construe § 475.25(1)(f), Fla. Stat. as providing for administrative discipline for a licensee who entered a nolo contendere plea but not allowing the Florida Real Estate Commission to discipline an agent who entered a guilty plea, the suspension of the agent's license was affirmed.
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| Sadler v. State, Case No. 5D06-363,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Jurisdiction to try accused did not exist under Art. I, § 15, Fla. Const. unless there was extant information, indictment, or presentment. State's nolle prosequi effectively ended proceeding, and State's later "Withdrawal of Announcement of Nolle Prosequi" had no force or effect. Trial court had no jurisdiction to try defendant on the charges.
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| Skinner v. State, Case No. 5D06-3927,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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| Smiley v. State, Case No. 5D06-1658,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: A prisoner who lost gain time after a homemade weapon was found under his mattress was denied certiorari. To satisfy due process, only some evidence had to support a revocation of gain time; the fact that the weapon was found under the prisoner's mattress provided a reasonable inference from which officials could conclude that the weapon was his.
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| State v. Holzbacher, Case No. 2D06-463,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 16, 2007, Opinion Filed
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Overview: Evidence established that the State would be able to prove the corpus delicti of the crime of possession of a controlled substance at trial. The State established the presence of a controlled substance in a car with no signs of authorization for possession. Suppression of defendant's confession on basis of corpus delicti doctrine was error.
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| State v. Wynn, Case No. 5D06-2070,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 16, 2007, Opinion Filed
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Overview: Trial court erred in granting defendant's motion to suppress cocaine seized from him during an investigative police stop; his conduct in making an unprovoked flight in his vehicle from a parking lot known for narcotics and other criminal activity, upon seeing police officer, raised a reasonable suspicion sufficient to justify a Terry stop of him.
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| Thomas v. State, CASE NO. 1D05-2091,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 16, 2007, Opinion Filed
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Overview: Because defendant did not expressly reserve the right to appeal a prior dispositive order of the lower tribunal, pursuant to Fla. R. App. P. 9.140(b)(2)(A)(i) (2006), he could not appeal from his nolo contendere plea; therefore, the appeal was dismissed for lack of jurisdiction.
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