BURT LEON SETTS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Montero v. State, 996 So. 2d 888 (Fla. 4th DCA 2008)
  …698 So. 2d 597 (Fla. 4th DCA 1997). A claim of this type of involuntary intoxication, i.e., a claim under the statutory exception, does not apply where the defendant abuses the prescribed medication by exceeding the prescribed dosage. Cobb v. State, 884 So. 2d 437 (Fla. 1st DCA 2004). Appellant did not allege that he took the hydrocodone and alprazolam in the prescribed dosage, or that he advised counsel that he unexpectedly became intoxicated as a result of taking his lawful prescription. Hydrocodone and al…
• In re Standard Jury Instructions IN Crim. Cases-Report 2012-07, 122 So. 3d 302 (Fla. 2013)
  …the time the crime was allegedly committed. A person is considered involuntarily intoxicated to the point of insanity when: Give a orb as applicable. a. § 775.051 Fla. Stat.; Brancaccio v. State, 698 So. 2d 597 (Fla, 4th DCA 1997); Cobb v. State, 884 So. 2d 437 (Fla. 5th [1st ] DCA 2001.). 1. (Defendant) was lawfully prescribed [ (name of Chapter 893 substance) ] by a practitioner. 2. (Defendant) [used] [consumed] [injected] [ (name of Chapter 893 substance) ] as it was prescribed and directed by the pra…
• Stimus v. State, 995 So. 2d 1149 (Fla. 5th DCA 2008)
  …commit the crime. Because involuntary intoxication is an affirmative defense, Stimus had the burden to establish the defense and present evidence that he was taking the medication as prescribed and pursuant to a lawful prescription. Cobb v. State, 884 So. 2d 437, 439 (Fla. 1st DCA 2004) (defendant’s voluntary ingestion of prescription and over-the-counter medications in amounts exceeding prescribed dosages did not support claim of involuntary intoxication, rather supported finding of voluntary intoxication…

Authorities Cited

• Denhart v. Dugger, 567 So. 2d 1041 (Fla. 1st DCA 1990)