DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
KENNETH C. JOHNS, APPELLEE

Fla. 1st DCA | 1986-12-10
Nos. BK-483, BL-93
SMITH, THOMPSON and WIGGINTON, JJ., concur.
499 So. 2d 18 Florida District Court of Appeal, First District (1986) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Department of Natural Resources v. Edrington, 395 So. 2d 577 (Fla. 1st DCA 1981).

SMITH, THOMPSON and WIGGINTON, JJ., concur.


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  • Williams v. State, 516 So. 2d 975 (Fla. 5th DCA 1987)
    …ent. Since the supreme court decided Royal, this issue has reappeared in several cases before the Fifth District Court of Appeal. Hogan v. State, 493 So. 2d 84 (Fla. 5th DCA 1986), set aside a robbery conviction based on Royal. In Flarity v. State, 499 So. 2d 18 (Fla. 5th DCA 1986), the defendant pumped gasoline into his car at a self-service station. Thereafter the station attendant was forced off the side of the car as he attempted to prevent the thief from driving away without paying. Based on Royal, Fla…
  • Flarity v. State, 527 So. 2d 295 (Fla. 5th DCA 1988)
    …COWART, Judge, dissenting. In Flarity v. State, 499 So. 2d 18,19 (Fla. 5th DCA 1986), this court reversed Flarity’s conviction for robbery and “remanded for judgment and sentence for petit larceny.” However, after remand, at the state’s request, the trial court sentenced Flarity for felony petit theft.1 Flarit…
  • Foster v. State, 596 So. 2d 1099 (Fla. 5th DCA 1992)
    …da in Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922); and much more recently in Royal v. State, 490 So. 2d 44 (Fla.1986), quashing 452 So. 2d 1098 (Fla. 5th DCA 1984). See also, Milam v. State, 505 So. 2d 34 (Fla. 5th DCA 1987); Flarity v. State, 499 So. 2d 18 (Fla. 5th DCA 1986); Hogan v. State, 493 So. 2d 84 (Fla. 4th DCA 1986); Kelly v. State, 490 So. 2d 1383 (Fla. 5th DCA 1986); Annot. Use of Force or Intimidation in Retaining Property or In Attempting to Escape, Rather Than in Taking Property, as Ele…

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