ELIEZER BARRIENTOS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Warmington v. State, 149 So. 3d 648 (Fla. 2014)
  …rial. We have jurisdiction on the basis that the Third District’s decision expressly and directly conflicts with this Court’s- decision in Hayes v. State, 660 So. 2d 257 (Fla.1995); the Fourth District Court of Appeal’s decision in Ramirez v. State, 1 So. 3d 383 (Fla. 4th DCA 2009); and the Second District Court of Appeal’s decision in Miele v. State, 875 So. 2d 812 (Fla. 2d DCA 2004), each of which held that similar testimony constituted impermissible burden shifting. See art. V, § 3(b)(3), Fla. Const. We…

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• Warmington v. State, 86 So. 3d 1188 (Fla. 3d DCA 2012)
  …port his position that the money owed was a loan rather than a theft. When the defendant could not, he was immediately arrested. If this is not shifting the burden, I don’t know what is. The attempt by the majority to distinguish Ramirez v. State, 1 So. 3d 383 (Fla. 4th DCA 2009) is equally puzzling. It is evidently based on the fact that not having any documents to show mortgage versus theft “is not an element of the crime.” I fail to see the significance of this. The documents would relate to a defense,…
• Johntavius Gooden v. State, 266 So. 3d 858 (Fla. 4th DCA 2019)

Authorities Cited

• The Sch. Bd. OF Broward Cnty. v. MR. Elec. & Assocs., Inc., 949 So. 2d 353 (Fla. 4th DCA 2007)
• J.D. Irons v. State, 851 So. 2d 798 (Fla. 2d DCA 2003)
• Fillmore v. State, 970 So. 2d 452 (Fla. 4th DCA 2007)