CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, HAROLD ROSEN, AS MAYOR, LEONARD HABER, AS VICE-MAYOR, MURRAY MEYERSON, PHILIP SAHL, HAL SPAET, LEONARD WEINSTEIN, AND SIMON WIKLER, AS COUNCILMEN, AND DODD SOUTHERN, AS CITY MANAGER, ALL OF PETITIONER, APPELLANTS,
v.
HARRY H. SARGEANT, IRENE YARWOOD, AND EDGAR J. PETRINI AND CARMELLA PETRINI, HIS WIFE, APPELLEES
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, HAROLD ROSEN, AS MAYOR, LEONARD HABER, AS VICE-MAYOR, MURRAY MEYERSON, PHILIP SAHL, HAL SPAET, LEONARD WEINSTEIN, AND SIMON WIKLER, AS COUNCILMEN, AND DODD SOUTHERN, AS CITY MANAGER, ALL OF PETITIONER, APPELLANTS,
HARRY H. SARGEANT, IRENE YARWOOD, AND EDGAR J. PETRINI AND CARMELLA PETRINI, HIS WIFE, APPELLEES
358 So. 2d 187
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 30 cases
Opinion of the Court
PER CURIAM.
Affirmed on the authority of Owenby Auto Parts, Inc. v. Jennings, 259 So. 2d 537 (Fla. 3d DCA 1972); Roberts v. Askew, 260 So. 2d 492 (Fla.1972); State Department of Transportation v. Shaw, 303 So. 2d 75 (Fla. 1st DCA 1974); United States v. Johnson County, Iowa, 6 Wall. 166, 73 U.S. 166, 18 L.Ed. 768 (1868).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Cuthbert v. State, 459 So. 2d 1098 (Fla. 1st DCA 1984)…Such reliance was misplaced. Section 775.-084 only authorizes the imposition of sentences which exceed the normal statutory maximum. The crimes are not reclassified.2 See Webb v. State, 410 So. 2d 944 [*1100] (Fla. 1st DCA 1982); Williams v. State, 358 So. 2d 187 (Fla. 4th DCA 1978).3 Next, the state argues that even if the primary offense (aggravated battery) could not be reclassified under the habitual offender law, it could be so reclassified under Section 775.087(1), Florida Statutes (1983)4 because of…1 / 2
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Bell v. State, 394 So. 2d 570 (Fla. 5th DCA 1981)…weapon within the exception in section 775.087(1), Florida Statutes (1979). Therefore, no conviction of aggravated battery under the “deadly weapon” subsection can be enhanced under section 775.087(1), Florida Statutes (1979). See Williams v. State, 358 So. 2d 187 (Fla. 4th DCA 1978), reaching the same conclusion as to an aggravated assault with a deadly weapon (§ 784.021(l)(a), Fla.Stat. (1979)). Here, as there, we do not reach the question as to whether a battery causing great bodily harm, permanent disabil…
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Mallory Webb, III v. State, 410 So. 2d 944 (Fla. 1st DCA 1982)…fenses; such an aggravated assault/battery is already an “enhanced penalty offense, and § 775.087(1) may not be applied to enhance the sentence for these offenses. See Knight v. State, 374 So. 2d 1065 (Fla.3d DCA 1979), fn. 2, and Williams v. State, 358 So. 2d 187 (Fla. 4th DCA 1978). Since it was necessary to prove such an aggravated assault/battery in order to establish the felony murder in this case, the elements of the underlying offense were essential to this felony murder conviction, and § 775.087(1) is…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Riggs v. Johnson Cnty., 6 Wall. 166 (U.S. 1867)
- Roberts v. Reubin O'D. Askew, 260 So. 2d 492 (Fla. 1972)
- State v. Shaw, 303 So. 2d 75 (Fla. 1st DCA 1974)
- Tundidor v. Martinez, 259 So. 2d 537 (Fla. 3d DCA 1972)