Legal Opinion

Josephs v. State

District Court of Appeal of Florida

Decided May 9, 2012No. 4D09-3164PublishedCited by 11 opinions

1Opinion of the CourtMay, C.J.

The defendant appeals his convictions and sentences resulting from a home invasion robbery. He argues the trial court erred in three respects: (1) admitting testimony concerning the detective’s investigation of prior burglaries; (2) relying on the defendant’s untruthfulness on the stand and his betrayal of the victim in imposing the sentence; and (3) imposing public defender fees without giving the defendant an opportunity to be heard. We find no merit to the evidentiary issue and affirm his convictions, but reverse the sentences. We remand the case for re-sentencing by a different judge.

Durin…

2Cases cited6 opinions

  1. Garzon v. StateSupreme Court of Florida · 2008
  2. Croom v. StateDistrict Court of Appeal of Florida · 2010
  3. Smith v. StateDistrict Court of Appeal of Florida · 2011
  4. Bratcher v. StateDistrict Court of Appeal of Florida · 1999
  5. Young v. StateDistrict Court of Appeal of Florida · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. M.A.L. v. StateDistrict Court of Appeal of Florida · 2013
  2. Anthony Ward v. StateDistrict Court of Appeal of Florida · 2014
  3. Cosme v. StateDistrict Court of Appeal of Florida · 2013
  4. Walden v. StateDistrict Court of Appeal of Florida · 2013
  5. Cherilus v. StateDistrict Court of Appeal of Florida · 2016

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