CROSS

v.

UNITED STATES PAROLE COMMISSION

Citator

Cited By (15 total)

• Lukehart v. State, 776 So. 2d 906 (Fla. 2000)
  …e in this case does not support premeditation, reversal is not warranted because there was an alternate theory of guilt, first-degree felony murder, for which evidence was sufficient. See San Martin v. State, 717 So. 2d 462 (Fla.1998), cert. denied, 526 U.S. 1071, 119 S.Ct. 1468, 143 L.Ed.2d 553 (1999). Here, the record indicates that the trial court instructed the jury that it could return a guilty verdict for first-degree murder if it found that the prosecution had proven either premeditated murder or fi…
• State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001)
  …dence supports the findings. See Hines. We must construe all the evidence, and reasonable inferences therefrom, in a manner most favorable to sustaining the trial court’s ruling. See San Martin v. State, 717 So. 2d 462, 469 (Fla.1998), cert. denied, 526 U.S. 1071, 119 S.Ct. 1468, 143 L.Ed.2d 553 (1999). The trial court’s application of the law to the facts is reviewed de novo. Hines. The issue in this case is whether the stop was legal and whether Kindle consented to the search. We undertake to resolve this…
• Donnie Young v. State, 803 So. 2d 880 (Fla. 5th DCA 2002)
  …s court must construe all the evidence, and reasonable inferences therefrom, in a manner most favorable to upholding the trial court’s decision. See Kindle, 782 So. 2d at 973 (citing San Martin v. State, 717 So. 2d 462, 469 (Fla.1998), cert. denied, 526 U.S. 1071, 119 S.Ct. 1468, 143 L.Ed.2d 553 (1999)). The trial court’s application of the law to the facts, however, is reviewed de novo. Connor v. State, 803 So. 2d 598 (Fla.2001); McMaster. We must determine, based on this standard of review, whether the Sta…