CITY OF RIVIERA BEACH AND GALLAGHER BASSETT SERVICES, INC., APPELLANTS,
v.
CHRISTOPHER DELISO, APPELLEE

Fla. 1st DCA | 1999-10-27
No. 98-4194
LAWRENCE, DAVIS and VAN NORTWICK, JJ., CONCUR.
749 So. 2d 516 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Acker v. City of Clearwater, 23 Fla. L. Weekly D1970, — So. 2d -, 1998 WL 476168 (Fla. 1st DCA Aug. 17, 1998), rev. granted, 727 So. 2d 903 (Fla.1999); Alderman v. Florida Plastering, 748 So. 2d 1038(Fla. 1st DCA 1998), rev. granted, 732 So. 2d 326 (Fla.1999).

LAWRENCE, DAVIS and VAN NORTWICK, JJ., CONCUR.


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  • Belser v. State, 854 So. 2d 223 (Fla. 1st DCA 2003)
    …support a conviction for the lesser offense. See, e.g., Hooper v. State, 476 So. 2d 1253, 1256 (Fla.1985); Carruthers v. State, 636 So. 2d 853, 856 (Fla. 1st DCA 1994). Dougherty v. State, 813 So. 2d 217 (Fla. 2d DCA 2002); see also Wilson v. State, 749 So. 2d 516 (Fla. 5th DCA 1999). In this case, the information charged Appellant with “unlawfully and intentionally touching ... a person less than 16 years of age,” or aiding and abetting said actions. The state theorized that Belser was guilty as an aider and…
  • Wilson v. State, 812 So. 2d 452 (Fla. 5th DCA 2002)
    …ure 3.850. Wilson was convicted at trial of DUI manslaughter,1 driving while license suspended, revoked or canceled,2 and DUI resulting in serious bodily injury.3 On appeal, we affirmed his convictions and the sentences imposed. See Wilson v. State, 749 So. 2d 516 (Fla. 5th DCA 1999). In his rule 3.850 motion, Wilson claims: 1. Counsel was ineffective for failing to object to or challenge the admissibility of the blood evidence on the grounds that blood was properly preserve [sic] for testing and that FDLE r…
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  • Youmans v. State, 846 So. 2d 670 (Fla. 4th DCA 2003)
    …ed to grant the request only if: (a) the accusatory pleading specifically alleges all the statutory elements of the lesser offense; and (b) a finding of guilt on the offense would be supported by the evidence submitted at trial. See Wilson v. State, 749 So. 2d 516, 518-19 (Fla. 5th DCA 1999). On these facts, we hold simple child abuse constitutes a permissive (category 2) lesser included offense of the charged crime of aggravated child abuse, and that the failure to give the requested instruction constitutes…

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