AKYLIE DAVIS
v.
STATE OF FLORIDA
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The trial court's judgment is affirmed under Florida Statute § 775.084(4)(a) and controlling precedent.
[1] A sentence imposed under Florida Statute § 775.084(4)(a) regarding habitual offender classification is subject to appellate review under established statutory and case la…
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Join FLexlaw to unlock all legal intelligenceAkylie Davis appealed a circuit court decision. The specifics of the underlying criminal conduct and charges are not detailed in this per curiam opini…
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Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge. PER CURIAM.
Affirmed. See § 775.084(4)(a), Fla. Stat. (2002); Martinez v. State, 211 So. 3d 989 (Fla. 2017); State v. Matthews, 891 So. 2d 479 (Fla. 2004); Gudinas v. State, 879 So. 2d 616 (Fla. 2004); State v. Whitehead, 472 So. 2d 730 (Fla. 1985); Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005); Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005); Davis v. State, 884 So. 2d 1058 (Fla. 2d DCA 2004); Simms v. State, 949 So. 2d 373 (Fla. 4th DCA 2007); Cooper v. State, 902 So. 2d 945 (Fla. 4th DCA 2005).
KELLY, ATKINSON, and SMITH, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Santiago v. State (Fla. 2d DCA 2024)…mendment adds "a completely new substantive offense with completely different elements of proof immediately before trial [begins], without giving defense counsel an opportunity to investigate and prepare any applicable defense." Davis v. State, 313 So. 3d 835, 837 (Fla. 2d DCA 2021); see also Turner, 311 So. 3d at 190-91 (holding that the trial court abused its discretion in denying the defendant's request for continuance after the State filed an amended information six days before trial adding a burg…
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Barnes v. Sec'y, Dep't of Corr., State of Fla. (M.D. Fla. 2025)…properly raised at trial.” Sebastiano, 14 So. 3d at 1163. The prosecution “may amend [the] information pre-trial or even during trial, either as to substantive or non-substantive matters, unless the defendant is prejudiced thereby." Davis v. State, 313 So. 3d 835, 837 (Fla. 2d DCA 2021). “Prejudice occurs where the amendment constitutes the charging of a different crime or changes the essential elements of the charged offense.” Gerome v. State, 306 So. 3d 314, 317 (Fla. 3d DCA 2020). Prejudice does not exist…
Authorities Cited
- State v. Matthews, 891 So. 2d 479 (Fla. 2004)
- Davis v. State, 884 So. 2d 1058 (Fla. 2d DCA 2004)
- THE Florida BAR v. Jones, 472 So. 2d 730 (Fla. 1985)
- Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)
- Gudinas v. State, 879 So. 2d 616 (Fla. 2004)
- Cooper v. State, 902 So. 2d 945 (Fla. 4th DCA 2005)
- Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005)
- Thaddeus Simms v. State, 949 So. 2d 373 (Fla. 4th DCA 2007)