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State Courts -
Florida - March 7, 2007
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Kettell v. State, Case No. 2D05-2882,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 7, 2007, Opinion Filed
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Overview: Trial court erred in a case charging a violation of § 790.19, Fla. Stat. in instructing jury that shooting at, within, or into a building was an act that "standing alone"-that is, without reference to the intent to cause damage or injury-was sufficient to satisfy the intent element of the offense. This was not a correct statement of the law.
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Muccio v. State, No. 4D05-3194,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 7, 2007, Decided
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Overview: Because defendant was represented by counsel, who had not adopted his second pro se amended Fla. R. Crim. P. 3.850 motion to withdraw a plea, the motion was a nullity; because, inter alia, defendant's proposed defense to one charge was unlikely to succeed at trial, the trial court properly denied the original motion.
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Pleasure v. State, No. 3D06-2659,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 7, 2007, Opinion Filed
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Overview: Trial court did not err in denying defendant's motion to correct an illegal sentence, as the habitual sentence imposed against him was authorized by law, and when a defendant was sentenced pursuant to § 775.084, Fla. Stat., the sentencing guidelines did not apply.
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