LIRNIO MACHIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LIRNIO MACHIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
502 So. 2d 91
Florida District Court of Appeal, Fourth District (1987)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court’s order of June 20, 1986, is affirmed without prejudice to file in the circuit court a properly verified motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
DOWNEY, ANSTEAD and LETTS, JJ., concur.
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Citator
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Cummings v. State, 514 So. 2d 406 (Fla. 4th DCA 1987)…cumstance constitutes a material variance between information and proof that is prejudicial to appellant. The state points out that the codefendants raised the same argument without success in their appeals to this court, Macchirole v. State, [*408] 502 So. 2d 91 (Fla. 4th DCA 1987), and Howard v. State, 502 So. 2d 433 (Fla. 4th DCA 1987). As these are respectively a short per curiam affirmance reversing only a downward sentencing departure, and a PCA, they have no precedential value, e.g., Department of Leg…
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Santarelli v. State, 62 So. 3d 1211 (Fla. 5th DCA 2011)…to a dismissal since section 856.015 cannot support a charge of manslaughter because serving alcohol to a minor is not sufficiently willful or wanton to support an award of punitive damages relies on the case of Jacmar Pacific Pizza Corp. v. Huston, 502 So. 2d 91 (Fla. 5th DCA 1987). However, that case predated the passage of section 856.015, which defines the conduct alleged in this case to be criminal conduct. In addition, the instant manslaughter counts were based upon the defendant’s intentional and culp…