Stephens v. State
| Decision Date | 15 January 1991 |
| Docket Number | No. 76030,76030 |
| Citation | 16 Fla. L. Weekly 128,572 So.2d 1387 |
| Parties | 16 Fla. L. Weekly 128 Almertis STEPHENS, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance, First District--Case No. 89-499 (Duval County).
Nancy Daniels, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Stephens v. State, 559 So.2d 687 (Fla. 1st DCA 1990), which certified the following question of great public importance:
WHETHER IT IS THE TRIAL COURT'S DUTY TO ASSURE THAT ALL OF A DEFENDANT'S CASES PENDING IN A PARTICULAR COUNTY AT THE TIME OF THAT DEFENDANT'S FIRST SENTENCING HEARING ARE DISPOSED OF USING ONE SCORESHEET, INCLUDING DEFERRAL OF SENTENCING UNTIL ALL OF THE PENDING CASES HAVE BEEN ADJUDICATED UNLESS THIS WOULD CAUSE UNREASONABLE DELAY OR WOULD UNDULY BURDEN THE COURT OR PREJUDICE THE DEFENDANT?
Id. at 691-92. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
The district court acknowledged that this was the same question certified in Clark v. State, 519 So.2d 1095, 1097-98 (Fla. 1st DCA 1988). In our review of that case we have answered this question in the negative subject to certain exceptions not relevant here. Clark v. State, 572 So.2d 1387 (Fla.1991). Because the result reached by the district court on this issue is in harmony with our opinion in Clark, it is approved to this extent. We do not reach the other issue raised by the parties, which lies beyond the scope of the certified question.
It is so ordered.
To continue reading
Request your trial
-
Alen v. State
... ... See Valle v. State, 581 So.2d 40, 44 nn. 3-4 (Fla.1991) (juror did not appear to have sense or intellectual capacity to understand the case), cert. denied, --- U.S. ----, 112 S.Ct. 597, 116 L.Ed.2d 621 (1991); Stephens v. State, 559 So.2d 687, 690 (Fla. 1st DCA 1990) (juror had apparent difficulty reading the jury questionnaire), approved, 572 So.2d 1387 (Fla.1991); Smith v. Coastal Emergency Servs., 538 So.2d 946 (Fla. 4th DCA 1989) (juror's age, educational background and profession led counsel to believe he ... ...
-
Files v. State
... ... 8 Roundtree v. State, 546 So.2d 1042 (Fla.1989); Tillman v. State, 522 So.2d 14 (Fla.1988); Stephens v. State, 559 So.2d 687 (Fla. 1st DCA 1990), approved on other grounds, 572 So.2d 1387 (Fla.1991); Knight, 559 So.2d at 327 (Fla. 1st DCA), review dismissed, 574 So.2d 141 (Fla.1990) ... As to the second prospective black juror challenged, it is apparent from the record that ... ...
-
Conner v. State
... ... State, 727 So.2d 275, 275 (Fla. 3d DCA 1999) ("[A]ny such error is harmless in light of the defendant's confession and the overwhelming evidence of guilt."); Stephens v. State, 559 So.2d 687, 691 (Fla. 1st DCA 1990) ("We believe the statement made by appellant which was brought out during examination of Officer Rutherford was fairly susceptible of being interpreted by the jury as a comment of [sic] appellant's right of silence, and ought not to have been ... ...
-
Tucker v. Dept. of Corrections
...So.2d 146 (Fla. 1997); W.R. Grace & Co. v. Waters, 638 So.2d 502 (Fla.1994); Jeffries v. State, 610 So.2d 440 (Fla.1992); Stephens v. State, 572 So.2d 1387 (Fla.1991); State v. Simpson, 554 So.2d 506 Boerckel makes clear that, under the exhaustion doctrine, it remains with the states to def......