JERIMY P. SMITH, PETITIONER,
v.
STATE OF FLORIDA, CLAY COUNTY, RESPONDENT
JERIMY P. SMITH, PETITIONER,
STATE OF FLORIDA, CLAY COUNTY, RESPONDENT
74 So. 3d 156
Florida District Court of Appeal, First District (2011)
Positive Treatment
Cited by 1 case
Opinion of the Court
DENIED. See Chapman v. State, 910 So.2d 940 (Fla. 5th DCA 2005).
HAWKES, MARSTILLER, and RAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Black v. State, 95 So. 3d 884 (Fla. 2d DCA 2012)…han that given in Montgomery and equivalent to the amended standard instruction which this court recently held was not erroneous in Daniels v. State, 72 So. 3d 227 (Fla. 2d DCA 2011), review granted, 79 So. 3d 744 (Fla.2012), and Pharisien v. State, 74 So. 3d 156 (Fla. 2d DCA 2011). But see Riesel v. State, 48 So. 3d 885, 886 (Fla. 1st DCA 2010) (holding that the instruction at issue was erroneous under the same reasoning as employed in Montgomery), review denied, 66 So. 3d 304 (Fla.2011). Even if this inst…
Authorities Cited
- Chapman v. State, 910 So. 2d 940 (Fla. 5th DCA 2005)