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| Cornett v. State, Case No. 2D04-5061,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: Because defendant was prejudiced by counsel's deficient misadvice concerning the availability of gain time, the trial court erred in denying his Fla. R. Crim. P. 3.850 motion for postconviction relief; consequently, defendant was entitled to an opportunity to withdraw his guilty plea.
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| Fowler v. State, Case No. 2D04-5522,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: Trial court erred in denying defendant's motion for judgment of acquittal as to second-degree murder as State's evidence of his actions did not rebut his prima facie case of self-defense as victim pointed gun at him when he tried to purchase drugs, defendant grabbed gun, and, when victim charged him, defendant touched trigger and a shot went off.
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| Gervin v. State, Case No. 5D04-1838,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: As the trial transcript did not include either defendant's motion for a mistrial or the objectionable testimony related thereto, meaningful appellate review of the trial court's denial of his motion for a mistrial was not possible based on the record provided.
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| J.A.S. v. State, Case No. 2D04-4983,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 10, 2006, Opinion Filed
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Overview: State failed to prove that defendant juvenile's father's statement qualified as an excited utterance under Fla. Stat. § 90.803(2), and thus the statement was inadmissible hearsay and not competent to prove the crime's elements; because the State failed to prove the corpus delicti, defendant's statements also could not be used to prove the crime.
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| J.S. v. State, Case No. 5D05-453,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: The trial court exceeded its authority by imposing a $ 500 court fine on defendant juvenile as a means to both compensate the taxpayers for utilizing the court's time and imposing personal responsibility on defendant because the trial court failed to cite to any legal authority justifying the imposition of the fine.
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| JD 05-170 v. Sch. Bd., Case No. 5D05-1716, 5D05-1718,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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| Jackson v. State, Case No. 5D05-1398,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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Overview: Where a trial court denied defendant's request for a jury instruction on simple battery as a lesser included offense of lewd and lascivious battery, such was error which required a new trial on that charge; defendant's victim was between the ages of 12 and 16 years and she was presumed legally incapable of giving consent to sexual abuse.
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| Michael v. State, Case No. 5D05-3728,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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| Olivera-Herrera v. Taylor, Case No. 5D05-4024,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 10, 2006, Opinion Filed
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