State confesses error (Florida) · Go Syfert
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State confesses error in Florida

16 Florida opinions name it 3 courts 1975–2007 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Hewett v. Stategreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Moore v. State, 724 So.2d 117, 118 (Fla. 3d DCA 1998) (citing Hewett v. State, 613 So.2d 1305 (Fla.1993)); White v. State, 693 So.2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So.2d 560 (Fla. 3d DCA 1993).

11
Moore v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Moore v. State, 724 So.2d 117, 118 (Fla. 3d DCA 1998) (citing Hewett v. State, 613 So.2d 1305 (Fla.1993)); White v. State, 693 So.2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So.2d 560 (Fla. 3d DCA 1993).

11
George v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995Manies v. State, 621 So.2d 679 (Fla. 2d DCA 1993); see also George v. State, 577 So.2d 996 (Fla. 1st DCA 1991).

11
Wilson v. Stategreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992See Wilson v. State, 567 So.2d 425 (Fla. 1990).

11
Hall v. Stategreen
fla · 1988 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See Hall v. State, 517 So.2d 678, 679-80 (Fla. 1988).

11
Alfonso v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See Alfonso v. State, 561 So.2d 1207, 1208 (Fla.3d DCA 1990).

11
Melvin v. Stategreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 1989–1989
1 sentence

1989See also Melvin v. State, 553 So.2d 312 (Fla. 1st DCA 1989).

11
Earman v. Stategreen
fla · 1972 · cited in 1 Florida opinions naming this issue, 1975–1975
1 sentence

1975See Earman v. State, Fla.1972, 265 So.2d 695 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Lomax v. State green
fla · 1977
2 sentences

1981The opinion of the district court reads: The State confesses error because the information filed in this case specifically states "said property being the subject of larceny" and, therefore, under the holdings in Lomax v. State, 345 So.2d 719 (Fla. 1977) and Abreau v. State, 347 So.2d 819 (Fla.3d DCA 1977), the refusal to instruct on the lesser included offense of larceny constitutes reversible error.

1978The State confesses error because the information filed in this case specifically states "said property being the subject of larceny" and, therefore, under the holdings in Lomax v. State, 345 So.2d 719 (Fla. 1977) and Abreau v. State, 347 So.2d 819 (Fla. 3d DCA 1977), the refusal to instruct on the lesser included offense of larceny constitutes reversible error.

21978–1981
Abreau v. State green
fladistctapp · 1977
2 sentences

1981The opinion of the district court reads: The State confesses error because the information filed in this case specifically states "said property being the subject of larceny" and, therefore, under the holdings in Lomax v. State, 345 So.2d 719 (Fla. 1977) and Abreau v. State, 347 So.2d 819 (Fla.3d DCA 1977), the refusal to instruct on the lesser included offense of larceny constitutes reversible error.

1978The State confesses error because the information filed in this case specifically states "said property being the subject of larceny" and, therefore, under the holdings in Lomax v. State, 345 So.2d 719 (Fla. 1977) and Abreau v. State, 347 So.2d 819 (Fla. 3d DCA 1977), the refusal to instruct on the lesser included offense of larceny constitutes reversible error.

21978–1981
White v. State neutral
fladistctapp · 1997
1 sentence

2007See Moore v. State, 724 So.2d 117, 118 (Fla. 3d DCA 1998) (citing Hewett v. State, 613 So.2d 1305 (Fla.1993)); White v. State, 693 So.2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So.2d 560 (Fla. 3d DCA 1993).

12007–2007
Laing v. State neutral
fladistctapp · 1993
1 sentence

2007See Moore v. State, 724 So.2d 117, 118 (Fla. 3d DCA 1998) (citing Hewett v. State, 613 So.2d 1305 (Fla.1993)); White v. State, 693 So.2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So.2d 560 (Fla. 3d DCA 1993).

12007–2007
Smith v. State green
fladistctapp · 2003
1 sentence

2004The State confesses error based on our recent decision in Smith v. State, 845 So.2d 937 (Fla. 5th DCA 2003).

12004–2004
Manies v. State green
fladistctapp · 1993
1 sentence

1995Manies v. State, 621 So.2d 679 (Fla. 2d DCA 1993); see also George v. State, 577 So.2d 996 (Fla. 1st DCA 1991).

11995–1995
Glass v. State green
fla · 1991
1 sentence

1993Although courts *1036 are authorized to impose probationary split sentences, Glass v. State, 574 So.2d 1099 (Fla. 1991), the total sentence cannot exceed the sentencing guidelines without providing contemporaneous written reasons for a departure.

11993–1993
State v. Stevens green
fladistctapp · 1978
1 sentence

1991We affirm the trial court's denial of the motion to suppress on the authority of State v. Stevens, 354 So.2d 1244 (Fla. 4th DCA 1978); Blanco v. State, 452 So.2d 520 (Fla.1984).

11991–1991
Blanco v. State green
fla · 1984
1 sentence

1991We affirm the trial court's denial of the motion to suppress on the authority of State v. Stevens, 354 So.2d 1244 (Fla. 4th DCA 1978); Blanco v. State, 452 So.2d 520 (Fla.1984).

11991–1991
Lamb v. State green
fla · 1988
1 sentence

1989Lamb v. State, 532 So.2d 1051 (Fla.1988); Brooks v. State, 505 So.2d 639 (Fla. 1st DCA 1987).

11989–1989
Eutsey v. State green
fla · 1980
1 sentence

1989Eutsey v. State, 383 So.2d 219 (Fla. 1980); § 775.084(3)(d), Fla. Stat. (1987).

11989–1989
State v. Green red
fla · 1989
1 sentence

1989The state confesses error on the authority of State v. Green, 547 So.2d 925 (Fla.1989).

11989–1989
Brooks v. State green
fladistctapp · 1987
1 sentence

1989Lamb v. State, 532 So.2d 1051 (Fla.1988); Brooks v. State, 505 So.2d 639 (Fla. 1st DCA 1987).

11989–1989
Sapp v. State green
fladistctapp · 1984
1 sentence

1987Appellant would be entitled to three days of jail credit against any incarcerative sentence. [See Sapp v. State, 445 So.2d 1088 (1st DCA 1980).] In Scott, the Supreme Court reaffirmed the principle announced in Argersinger , but refused to extend the Sixth Amendment to cases where imprisonment was authorized but not imposed.

11987–1987
SR v. State green
fla · 1977
1 sentence

1978Upon the authority of Section 39.05(7), Florida Statutes (1975) and S. R. v. State, 346 So.2d 1018 (Fla.1977), we find that the petition should have been dismissed with prejudice and, therefore, reverse the adjudication of delinquency.

11978–1978

Statutes the citing opinions construe

FL § 812.13 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 38 (1973–2026) FL 16 (1975–2007) OR 15 (1976–2002) TX 10 (1954–2023) WV 9 (1980–2008) AZ 9 (1983–2020) OH 3 (2002–2011) AK 3 (1982–1987) MS 2 (2016–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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