Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WILLIE RANDALL CUSHION, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

In case number 93-892, we affirm three of the four counts of capital sexual battery against appellant, and reverse on count II. The live trial testimony concerning this count unequivocally contradicted earlier testimony and thus renders the earlier testimony insufficient for consideration by the jury. Tafero v. State, 406 So.2d 89, 93 n. 8 (Fla. 3d DCA 1981). Thus, the trial court erred in denying the motion for judgment of acquittal on count II.

Further, the written order of revocation of probation must be corrected to properly reflect the trial court's oral pronouncements. The order correctly cites appellant's convictions as grounds for revocation. However, appellant's failure to pay costs of supervision should be stricken from the order as an additional ground for revocation because the trial court orally found that the State had failed to prove this allegation.

In case number 93-891, we affirm the convictions and sentences in all respects.

Affirmed in part; reversed and remanded in part.

Use AI to get other relevant cases.

Comments

CUSHION v. STATE
(Jun 14, 1994)