Gillespie v. State, 64682
| Decision Date | 30 August 1985 |
| Docket Number | No. 64682,64682 |
| Citation | 10 Fla. L. Weekly 489,475 So.2d 222 |
| Parties | 10 Fla. L. Weekly 489 Altha B. GILLESPIE, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for respondent.
We accepted jurisdiction over this case, Gillespie v. State, 440 So.2d 8 (Fla. 1st DCA 1983), based on asserted conflict with decisions of other district courts of appeal. Upon further consideration, we find no direct and express conflict sufficient to confer jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, and so deny the petition for review.
It is so ordered.
To continue reading
Request your trial
4 cases
-
Thompson v. State, s. 84-1460
...Brown v. State, 206 So.2d 377, 383 (Fla.1968).6 Compare Gillespie v. State, 440 So.2d 8 (Fla. 1st DCA 1983), review denied, 475 So.2d 222 (Fla.1985), with Wheat v. State. Gillespie was charged with sexual battery by using or threatening to use a deadly weapon (§ 794.011(3), Fla.Stat.). An i......
-
Wilson v. State
...pardon." Id. at 1126. However, we are persuaded that our decision in Gillespie v. State, 440 So.2d 8 (Fla. 1st DCA 1983), rev. den., 475 So.2d 222 (Fla.1985), fully addresses the instant circumstances and supports affirmance. We stated in Juries are finders of fact. They should and do have ......
-
D'AMBROSIO v. State, 98-2032.
...Henry v. State, 445 So.2d 707 (Fla. 4th DCA 1984); see also Gillespie v. State, 440 So.2d 8, 10 (Fla. 1st DCA 1983), rev. den., 475 So.2d 222 (Fla.1985) ("Even if the evidence is overwhelming that the defendant was guilty of the crime with which he is charged, the court must give a charge o......
-
Bateson v. State
...should be given depends upon the circumstances of a given case. Gillespie v. State, 440 So.2d 8 (Fla. 1st DCA 1983), review denied, 475 So.2d 222 (Fla.1985). While our opinion specifically addressed category one lesser included offenses of section 794.011(3), it did not rule out the possibi......