LABRON A. RODGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-11-16
No. 94-03231
CAMPBELL, A.C.J., and THREADGILL and QUINCE, JJ., concur.
645 So. 2d 555 Florida District Court of Appeal, Second District (1994) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

LaBron A. Rodgers appeals the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We dismiss this appeal on the authority of Davenport v. State, 640 So. 2d 1225 (Fla. 2d DCA 1994), and Parnell v. State, 642 So. 2d 1092 (Fla. 2d DCA 1994), and remand with directions that the trial court “render” an order on Rodgers’ motion in accordance with Florida Rule of Appellate Procedure 9.020(g).

CAMPBELL, A.C.J., and THREADGILL and QUINCE, JJ., concur.


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    …ion of the Second District Court of Appeal passing upon the following question certified to be of great public importance: DOES FLORIDA’S BURGLARY STATUTE REQUIRE THAT THE “CURTI-LAGE” BE ENCLOSED AND, IF SO, TO WHAT EXTENT? See Hamilton v. State, 645 So. 2d 555, 561 (Fla. 2d DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the affirmative and approve the definition of curtilage contained in the instructions prepared by the Committee on Standard Jury Instru…
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    …e manslaughter is not a lesser-included offense to the degree of homicide charged, as in second-degree felony murder, there is no logical basis for requiring instruction on the definitions of excusable and justifiable homicide. In Hamilton v. State, 645 So. 2d 555 (Fla. 2d DCA 1994), opinion modified on other grounds, 660 So. 2d 1038 (Fla.1995), also a second-degree felony murder case, the district court rejected, without further comment, the defendant’s similar claim of error in the failure to give an instru…
  • Bain v. State, 650 So. 2d 83 (Fla. 4th DCA 1995)
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