N K FIELDS, APPELLANT,

v.

CITY OF WEST PALM BEACH, APPELLEE

Citator

Cited By

• Harris v. State, 674 So. 2d 110 (Fla. 1996)
  …WELLS, Justice. We have for review Harris v. State, 650 So. 2d 639 (Fla. 4th DCA 1995), which expressly and directly conflicts with the opinion in Johnson v. State, 525 So. 2d 964 (Fla. 1st DCA 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Harris raises two issues in this proceeding. The first concer…
• Semenec v. State, 698 So. 2d 900 (Fla. 4th DCA 1997)
  …a case by case basis. See Bellamy v. State, 677 So. 2d 390 (Fla. 2d DCA 1996)(reversing a departure sentence); Douglas v. State, 652 So. 2d 887 (Fla. 4th DCA)(upholding a departure sentence), rev. denied, 661 So. 2d 823 (Fla.1995); Harris v. State, 650 So. 2d 639 (Fla. 4th DCA), rev. granted, 658 So. 2d 990 (Fla.1995)(approving a departure sentence), approved, 674 So. 2d 110 (Fla.1996). Appellant relies on Waychoff v. State, 624 So. 2d 392 (Fla. 2d DCA 1993), and argues that a defendant’s sentence may not b…
• Baque v. State, 653 So. 2d 1105 (Fla. 3d DCA 1995)
  …ctually committed (in this case, attempted second degree murder) must be determined before any enhancement due to the use of a weapon can be applied. Moreover, the defendant’s argument was recently rejected by the Fourth District in Harris v. State, 650 So. 2d 639 (Fla. 4th DCA 1995). Finally, the judgment in this case erroneously indicates that the defendant was convicted of a violation of Florida Statutes section 782.04(1). The judgment should reflect a conviction of Florida Statutes section 782.04(2), no…