PALENO ESTRADA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PALENO ESTRADA, APPELLANT,
STATE OF FLORIDA, APPELLEE
689 So. 2d 372
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
The defendant, Paleno Estrada, challenges his judgment and sentence for aggravated battery. After a review of the record in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the defendant’s conviction. We strike, however, that portion of probation condition 9 requiring Mr. Estrada to pay for random drug and alcohol testing because it is a special condition that was not orally announced at sentencing. Luby v. State, 648 So. 2d 308 (Fla. 2d DCA 1995). We affirm the sentence in all other respects.
CAMPBELL, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
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Frey v. State, 708 So. 2d 918 (Fla. 1998)…. 2d 979 (Fla.1981) (robbery is specific intent crime); Kennedy v. State, 633 So. 2d 1145 (Fla. 2d DCA 1994) (same). . See Heddleson v. State, 512 So. 2d 957, 959 (Fla. 4th DCA 1987) (kidnapping is a specific intent crime). . See Bartley v. State, 689 So. 2d 372, 373 (Fla. 1st DCA 1997) (aggravated assault is specific intent crime); Dobosh v. State, 684 So. 2d 276 (Fla. 5th DCA 1996) (same). . See Harris v. State, 415 So. 2d 135, 136 (Fla. 5th DCA 1982) (battery is a specific intent crime). . See Huber v.…
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Kitchen v. State, 764 So. 2d 868 (Fla. 4th DCA 2000)…, as alleged by appellant, appears to be legally sufficient and should not have been summarily denied without the attachment of portions of the record demonstrating conclusively that the movant is not entitled to relief. See, e.g., Bartley v. State, 689 So. 2d 372 (Fla. 1st DCA 1997). Appellant’s fifth ground was that trial counsel was ineffective in allowing two admittedly biased jurors to serve on his jury. In this connection, appellant quoted from the transcript of the prosecutor’s voir dire of juror Ms.…
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McKINNEY v. State, 722 So. 2d 933 (Fla. 1st DCA 1998)…defense at trial. This court has held that a defendant sufficiently pleads the deficient performance aspect of such a claim if he alleges that he either informed his attorney that he was intoxicated at the time of the offense, see Bartley v. State, 689 So. 2d 372, 373 (Fla. 1st DCA 1997); Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995); Brunson v. State, 605 So. 2d 1006, 1007 (Fla. 1st DCA 1992), or told his attorney that he had a history of substance abuse that, together with record evidence of his intox…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Luby v. State, 648 So. 2d 308 (Fla. 2d DCA 1995)