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8 Florida opinions name it 1 courts 1981–2013 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.
| Case | Followed | Cited |
|---|---|---|
Cilento v. Stategreen2 sentences2013In diento, the state charged a medical doctor with selling or delivering a controlled substance in violation of section 893.135(l)(c)’s predecessor, section 893.13(l)(a), Florida Statutes (1975). 377 So.2d at 664 . 2013In Cilento , the state charged a medical doctor with selling or delivering a controlled substance in violation of section 893.135(l)(c)’s predecessor, section 893.13(l)(a), Florida Statutes (1975). 377 So.2d at 664 . | 2 | 2 |
Edwards v. Stategreen1 sentence2004We affirm the trial court’s conclusion that this “is not provided in the statute and should not be read into the statute as a matter of statutory construction.” See Edwards v. State, 743 So.2d 76 (Fla. 5th DCA 1999) (“Nothing in the statute ... prohibits sentencing a defendant as a habitual felony offender when the current offense was committed within five years of release from prison for a conviction for purchase or possession of a controlled substance in violation of 893.13.”). | 1 | 1 |
Portee v. Stategreen1 sentence1989See also, Portee v. State, 447 So.2d 219 (Fla. 1984) (following Smith, defendant properly convicted and sentenced for sale and possession of more than five *691 grams of marijuana); cf. State v. Daophin, 533 So.2d 761 (Fla. 1988) (simple possession is not a necessarily lesser included offense of trafficking by delivery). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fayerweather v. State
green
2 sentences2013To apply dlento’s reasoning here, it is a function of the particular facts of this case, and the state’s discretion, see Fayerweather, 332 So.2d at 22 , whether the defendant’s conduct amounts to: • the first-degree felony of selling or delivering a controlled substance under section 893.135(l)(c), or • the second- or third-degree felony of illicit conduct by a prescribing practitioner under section 893.13(8), or • the misdemeanor of distributing or dispensing a controlled substance in violation of chapter 893 under section 893.13(7)(a). 2013To apply diento’s reasoning here, it is a function of the particular facts of this case, and the state’s discretion, see Fayerweather, 332 So.2d at 22 , whether the defendant’s conduct amounts to: • the first-degree felony of selling or delivering a controlled substance under section 893.135(l)(c), or • the second- or third-degree felony of illicit conduct by a prescribing practitioner under section 893.13(8), or • the misdemeanor of distributing or dispensing a controlled substance in violation of chapter 893 under section 893.13(7)(a). | 2 | 2013–2013 |
State v. Williams
green
1 sentence2002Id. at 466 . | 1 | 2002–2002 |
Clark v. State
green
1 sentence1999As we pointed out in Clark v. State, 681 So.2d 816 (Fla. 5th DCA 1996), the habitual felony offender statute only requires that defendant’s last prior felony conviction, or release from prison, be within five years of the date of the current offense. | 1 | 1999–1999 |
State v. Daophin
green
1 sentence1989See also, Portee v. State, 447 So.2d 219 (Fla. 1984) (following Smith, defendant properly convicted and sentenced for sale and possession of more than five *691 grams of marijuana); cf. State v. Daophin, 533 So.2d 761 (Fla. 1988) (simple possession is not a necessarily lesser included offense of trafficking by delivery). | 1 | 1989–1989 |
Gettel v. State
neutral
1 sentence1984Defendant's conviction and sentencing were affirmed by this court on appeal. 442 So.2d 1011 (Fla.App. 1983). | 1 | 1984–1984 |
Brown v. State
green
1 sentence1981Cf. Anderson v. State, 392 So.2d 328 (Fla. 3d DCA 1981) [the offense of possession under appropriate circumstances may be a category four lesser-included offense of sale under Brown v. State, 206 So.2d 377 (Fla.1968), so as to be excluded from the separate sentencing requirement of Section 775.021(4), Florida Statutes (1979)]. | 1 | 1981–1981 |
Anderson v. State
green
1 sentence1981Cf. Anderson v. State, 392 So.2d 328 (Fla. 3d DCA 1981) [the offense of possession under appropriate circumstances may be a category four lesser-included offense of sale under Brown v. State, 206 So.2d 377 (Fla.1968), so as to be excluded from the separate sentencing requirement of Section 775.021(4), Florida Statutes (1979)]. | 1 | 1981–1981 |
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.
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.