State v. Silvestri

Decision Date16 December 1976
Docket NumberNo. 49751,49751
Citation340 So.2d 928
PartiesSTATE of Florida, Petitioner, v. Marlene SILVESTRI, Respondent.
CourtFlorida Supreme Court

Writ of Certiorari to District Court of Appeal, Fourth District.

Robert L. Shevin, Atty. Gen., and Anthony J. Golden, Asst. Atty. Gen., for petitioner.

Robert L. Saylor, North Palm Beach, for respondent.

PER CURIAM.

This case is before the Court on a Petition for Writ of Certiorari to the District Court of Appeal, Fourth District, 332 So.2d 351.

The Court is of the opinion that the Petition for Writ of Certiorari should be and is hereby granted, the filing of briefs on the merits is dispensed with and the decision of the District Court of Appeal is hereby approved on the authority of King v. State of Florida, Fla., 339 So.2d 172, opinion filed October 7, 1976.

OVERTON, C.J., and ADKINS, BOYD, ENGLAND, SUNDBERG, HATCHETT and ROBERTS (Retired), JJ., concur.

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17 cases
  • Nurse v. State
    • United States
    • Florida District Court of Appeals
    • 5 Julio 1995
    ...(Fla. 2d DCA 1985); Bufford v. State, 473 So.2d 795 (Fla. 5th DCA 1985); Silvestri v. State, 332 So.2d 351 (Fla. 4th DCA), approved, 340 So.2d 928 (Fla.1976).We do, however, agree with the dissent's alternative argument that the jury, in all likelihood, did not consider the instant offense ......
  • State v. Sykes
    • United States
    • Florida Supreme Court
    • 7 Julio 1983
    ...(Fla. 1st DCA 1975); McAbee v. State, 391 So.2d 373 (Fla. 2d DCA 1980); Silvestri v. State, 332 So.2d 351 (Fla. 4th DCA), approved, 340 So.2d 928 (Fla.1976). By defining the crimes of theft and grand theft of the first and second degrees so that one of the ways they may be proved is by show......
  • Jones v. State, 84-2024
    • United States
    • Florida District Court of Appeals
    • 5 Agosto 1986
    ...to convict of the charged offense but exercised its power of pardon, Silvestri v. State, 332 So.2d 351 (Fla. 4th DCA), aff'd, 340 So.2d 928 (Fla.1976), to return a verdict of guilty on the lesser offense. Having raised the possibility, defendant then undercuts it with the suggestion that Ru......
  • Peterson v. State
    • United States
    • Florida District Court of Appeals
    • 5 Diciembre 1979
    ...not in evidence but was directly contrary to what was. See Silvestri v. State, 332 So.2d 351, 355 (Fla. 4th DCA 1976), affirmed, 340 So.2d 928 (Fla.1976); Carter v. State, 332 So.2d 120 (Fla. 2d DCA 1976); United States v. Leon, 534 F.2d 667 (6th Cir. (3) After defense counsel's argument to......
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