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6 Florida opinions name it 2 courts 1991–2018 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 |
|---|---|---|
Rembert v. Stategreen1 sentence2013Rembert’s attorney did produce a written waiver which recited some Tucker requirements^] However, it still left open, under Tucker , the possibility that, had Rembert been found guilty of a lesser-included offense of first degree murder, he could not have been properly convicted and sentenced for such a crime. 476 So.2d at 722 (footnote omitted). 1 On the issue of policy, the First District rejected the waiver of the statute of limitations where the defendant had asserted it to bar the accompanying robbery charges. | 1 | 1 |
Music v. Rachfordgreen1 sentence1999See id. at 1235 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
LARRY ROGERS v. STATE OF FLORIDA
green
1 sentence2018In Rogers, 223 So. 3d at 281 , the defendant was sentenced to life in prison with the possibility of parole for the offense of robbery. | 1 | 2018–2018 |
Foster v. State
green
1 sentence2018The First District rejected his claim that he was entitled to be resentenced under Atwell and Henry because he "was afforded a meaningful opportunity to obtain release and, in fact, was released on parole when he was 25 years old" and even though he was reincarcerated, "he continue[d] to be considered for release on parole." Id. at 960 . | 1 | 2018–2018 |
Cashatt v. State
green
1 sentence2006The First District rejected this challenge with citation to its prior opinion in Cashatt v. State, 873 So.2d 430 (Fla. 1st DCA 2004). | 1 | 2006–2006 |
Ashley v. State
green
1 sentence2003It was not a discretionary judgment based on the facts to impose a lighter sentence." Id. at 43 . | 1 | 2003–2003 |
Pollard v. State
neutral
1 sentence1991The supreme court took up Porterfield, and a companion case, Pollard v. State, 553 So.2d 770 (Fla. 1st DCA 1989), together for review under its conflict jurisdiction. 17 Pollard had been a one sentence affirmance based on 83-Smith and the first district’s own Wheeler . | 1 | 1991–1991 |
Wheeler v. State
green
1 sentence1991The first district rejected the analysis of Gordon and decided, in Wheeler v. State, 549 So.2d 687 (Fla. 1st DCA 1989), and Porterfield v. State, 553 So.2d 186 (Fla. 1st DCA 1989), that one could be dually convicted and punished for the crimes of sale and simple possession because sale and simple possession were located in different subsections of section 893.13; but that such dual convictions and sentences would not be permissible for possession-with-intent-to-sell and sale because these crimes were located in the same subsection of section 893.13. | 1 | 1991–1991 |
Porterfield v. State
green
1 sentence1991The first district rejected the analysis of Gordon and decided, in Wheeler v. State, 549 So.2d 687 (Fla. 1st DCA 1989), and Porterfield v. State, 553 So.2d 186 (Fla. 1st DCA 1989), that one could be dually convicted and punished for the crimes of sale and simple possession because sale and simple possession were located in different subsections of section 893.13; but that such dual convictions and sentences would not be permissible for possession-with-intent-to-sell and sale because these crimes were located in the same subsection of section 893.13. | 1 | 1991–1991 |
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.