FLORIDA

v.

DRAKE

Citator

Cited By (23 total)

• Rigoberto Caso v. State, 524 So. 2d 422 (Fla. 1988)
  …ly noted, however, that there was competent, substantial evidence upon which the trial court could have based a finding that Caso was in custody at the time he was questioned by police. As in Drake v. State, 441 So. 2d 1079 (Fla.1983), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1984), in which this Court determined the defendant was in custody at the time of making a statement to the police, Caso was asked to leave his place of employment in the middle of the day. Contrary to the defendants…
• Gore v. State, 599 So. 2d 978 (Fla. 1992)
  …ated a calculated plan to kill Susan Roark. We therefore conclude that the State has failed to establish the existence of this aggravating circumstance beyond a reasonable doubt. See Drake v. State, 441 So. 2d 1079, 1082-83 (Fla.1983), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1984); Mann v. State, 420 So. 2d 578, 581 (Fla.1982). Gore’s arguments as to the remaining aggravating factors are without merit. In finding that Gore had previously been convicted of violent felonies, the trial jud…
• Black v. State, 630 So. 2d 609 (Fla. 1st DCA 1993)
  …ow a unique modus operandi sufficient to establish identity. To establish identity by comparing modes of operation, similarity and an unusual nature of the factual circumstances are required. Drake v. State, 400 So. 2d 1217 (Fla.1981), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1984). The fact that a collateral crime witness can identify the accused [as in the present case] is insufficient. Dix v. State, 485 So. 2d 38 (Fla. 2d DCA 1986). Instead, points of similarity must have some special…