Griffin v. State

4 Citing cases

  1. Brown v. State

    232 So. 2d 55 (Fla. Dist. Ct. App. 1970)   Cited 27 times

    Cf. State v. Fitz, Fla. 1967, 202 So.2d 841 and Chapman v. Lake, 1933, 112 Fla. 746, 151 So. 399, 402. See also Tidwell v. Circuit Court, 1942, 151 Fla. 333, 9 So.2d 630; Cox v. State, Fla. App. 1966, 190 So.2d 823; and Griffin v. State, Fla.App. 1969, 217 So.2d 893. Under F.S. Section 810.05, F.S.A., breaking and entering with the intent to commit a misdemeanor is a crime for which a convicted person may be imprisoned in the state prison and, therefore, is a felony by the terms of F.S. Section 775.08, F.S.A.

  2. State v. Caudle

    504 So. 2d 419 (Fla. Dist. Ct. App. 1987)   Cited 7 times

    However, the court did not hold that the burden is on the state in the absence of such an initial allegation. In Griffin v. State, 217 So.2d 893 (Fla. 4th DCA 1969), the court noted that there was no need for the state to initially prove the validity of a prior conviction used to enhance, since the state's burden was discharged when it offered evidence of the conviction in the form of the court minute book and a copy of the information under which the prior conviction was obtained. The court placed the burden on the defendant to establish the invalidity of the conviction.

  3. Taylor v. State

    287 So. 2d 128 (Fla. Dist. Ct. App. 1973)   Cited 1 times

    In his motion to suppress before the trial court and at a hearing before the trial judge, appellant never objected to his arrest upon the ground that it was illegal. We may not now consider this point for the first time on appeal. See Shea v. State, Fla.App. 1964, 167 So.2d 767; Griffin v. State, Fla. App. 1969, 217 So.2d 893; Gil v. State, Fla.App. 1972, 266 So.2d 43. Therefore, for the reasons stated, the judgment and sentence appealed is affirmed.

  4. State ex Rel. Lipke v. Cowart

    234 So. 2d 149 (Fla. Dist. Ct. App. 1970)   Cited 1 times

    Manslaughter by culpable negligence, proscribed by Section 782.07, F.S. 1967, F.S.A., is a felony under the definition of Section 775.08, F.S. 1967, F.S.A., because it can be punished by imprisonment in the state prison. Griffin v. State, Fla. App. 1969, 217 So.2d 893; cf. Brown v. State, Fourth District Court of Appeal, Case No. 2841, opinion filed February 12, 1970. Since it is a felony (rather than a misdemeanor as contended by relator), the Court of Record of Brevard County does have jurisdiction and the writ of prohibition sought against the respondent, as judge of that court, is denied.