green
Positive treatment
15.9 score
Top citers, strongest first. 6 distinct citers.
discussed
Cited as authority (rule)
JEFFREY GABRIEL v. STATE OF FLORIDA
We have repeatedly held that, “[m]ere knowledge that an offense is being committed, mere presence at the scene, and even a display of questionable behavior after the fact, are not, alone, sufficient to establish participation.” T.W. v. State, 98 So. 3d 238, 242 (Fla. 4th DCA 2012) (alteration in original) (quoting Theophile v. State, 78 So. 3d 574, 578 (Fla. 4th DCA 2011)); see also Dorsainville v. 5 State, 203 So. 3d 1010, 1012 (Fla. 4th DCA 2016); A.B., A Child v. State, 141 So. 3d 647, 648 (Fla. 4th DCA 2014).
discussed
Cited as authority (rule)
Wheeler v. State
In the context of aggravated battery, this court has held that “great bodily harm” is “ ‘distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises as are likely to be inflieted in simple assault and battery.’” T.W. v. State, 98 So.3d 238, 243 (Fla. 4th DCA 2012); see also Brown v. State, 86 So.3d 669, 571-72 (Fla. 5th DCA 2012); Cordon v. State, 126 So.3d 292, 295 (Fla. 3d DCA 2011); Smith v. State, 969 So.2d 452, 455 (Fla. 1st DCA 2007).
discussed
Cited as authority (rule)
Michael Smith v. State of Florida
(2×)
“Florida courts have generally defined ‘great bodily harm’ as ‘great as distinguished from slight, trivial, minor or moderate harm, and as such does not include mere bruises as are likely to be inflicted in a simple assault and battery.’ ” T.W. v. State, 98 So.3d 238, 243 (Fla. 4th DCA 2012) (citing Gordon v. State, 126 So.3d 292, 295 (Fla. 3d DCA 2011); Nguyen v. State, 858 So.2d 1259, 1260 .
discussed
Cited as authority (rule)
Michael Smith v. State of Florida
“Florida courts have generally defined ‘great bodily harm’ as ‘great as distinguished from slight, trivial, minor or moderate harm, and as such does not include mere bruises as are likely to be inflicted in a simple assault and battery.’” T.W. v. State, 98 So. 3d 238, 243 (Fla. 4th DCA 2012) (citing Gordon v. State, 126 So. 3d 292, 295 (Fla. 3d DCA 2011); Nguyen v. State, 858 So. 2d 1259, 1260 (Fla. 1st DCA 2003); Heck v. 1 Smith moved to correct the sentence, arguing that the fee was illegal because the trial court neither stated it was imposing the fee nor offered Smith an opport…
discussed
Cited as authority (rule)
A.B. v. State
“Importantly, this court has stressed that ‘[m]ere knowledge that an offense is being committed, mere presence at the scene, and even a display of questionable behavior after the fact, are not, alone, sufficient to establish participation.’ ” T.W. v. State, 98 So.3d 238, 242 (Fla. 4th DCA 2012) (quoting Theophile v. State, 78 So.3d 574, 578 (Fla. 4th DCA 2011)).
discussed
Cited "see"
K.J. v. State
See T.W. v. State, 98 So.3d 238, 242 (Fla. 4th DCA 2012) (the standard of review applicable to a motion for judgment of dismissal in a juvenile ease is de novo).
Jerry MEANS
v.
STATE of Florida
v.
STATE of Florida
No. 1D12-3703.
District Court of Appeal of Florida, First District.
Oct 2, 2012.
Jerry Means, pro se, Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Clark, Makar, Marstiller.
Published
DISMISSED.