Cases

OPINION Opinion by Chief Justice MORRISS. Cynthia Ann Hudson stands convicted for capital murder of her adopted son, Samuel. We previously reversed her conviction based on our holdings that there was evidence raising a jury question on whether she acted recklessly' in causing Samuel’s death and that the trial court thus harmfully erred in failing to instruct the jury on the lesser-ineluded o

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-11-00344-CR, 07-11-00345-CR CYNTHIA RACHELLE YOUNG, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 31st District Court Gray County, Te

BLUE, Judge. Eric C. Cord appeals a nonfinal order granting Cynthia S. Cord temporary alimony and a temporary injunction in this dissolution of marriage proceeding. Mr. Cord argues that the trial court erred by entering its order without allowing him to present evidence. We agree and reverse. A review of the hearing transcript shows that time did not permit Mr. Cord to call any witnesses; his attorney was

THREADGILL, EDWARD F„ Senior Judge. William Spooner, pro se (the former husband), appeals an order denying his supplemental petition for modification of alimony. We reverse and remand for a new hearing to give the former husband an opportunity to prove a substantial change of circumstances. The parties entered into a marital settlement agreement dated December 20, 1999, which was incorporated into the

STRINGER, Judge. Leslie Marion Alexander (husband) appeals a nonfinal order denying his motion to transfer venue from Collier County to Dade County based on forum non conve-niens or to dismiss or transfer the cause for improper venue. We find no merit in the husband’s arguments and affirm, without further comment, the trial court’s order determining that Collier County was the proper venue for this action.

DAVIS, Judge. Russell Bowers appeals the trial court’s denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Bowers alleged five grounds of ineffective assistance of trial counsel. We affirm the trial court’s order on four of the grounds without discussion but reverse as to one issue. Bowers was charged with burglary of a structure and

THREADGILL, Judge. On this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant, Darryl Williams, challenges his judgment and sentence for possession of cocaine with intent to sell. We affirm Williams’ judgment and sentence without discussion; however, we conclude that the attorney’s fee lien imposed in the amount of $3,180, was entered without notice to Will

FULMER, Judge. Dale Inman appeals his sentence imposed for trafficking in amphetamine. We reverse and remand with directions to the trial court to strike the $50,000 fine. After Inman entered a guilty plea to trafficking in amphetamine, the trial court sentenced him as a youthful offender to two years’ community control followed by three years’ probation. The trial court questioned whether it was required

STRINGER, Judge. K.T., a child, appeals the order adjudicating him to be delinquent. On the merits, we affirm KT.’s adjudication of delinquency but remand for correction of scrivener’s errors in the written order adjudicating K.T. delinquent. The written order omits that K.T. was found guilty after a trial and incorrectly identifies the charge as resisting arrest without violence. We remand and direct the trial court to corr

THREADGILL, Acting Chief Judge. The appellant, Jerry Bush, challenges the propriety of the concurrent thirty-year habitual offender sentences imposed upon the revocation of the community control he was serving in two separate cases. We find merit only in his claim that a written revocation order should have been entered. Thus, because the record fails to contain a formal revocation order, this cause is remanded with directio

ALTENBERND, Judge. Deon Gowins appeals his convictions and sentences for a first-degree murder and robbery with a firearm that occurred on January 9, 1998. We affirm his convictions and his first-degree murder sentence without discussion, but reverse his sentence for robbery with a firearm. Immediately after the return of the jury, the trial court sentenced Gowins to life imprisonment for first-degree murder

THREADGILL, Acting Chief Judge. The appellant challenges an order revoking community control and an order denying his motion for postconviction relief. The record in this case supports the trial court’s finding that the appellant’s violations were willful and substantial. We therefore affirm the revocation. Further, while appeal proceedings are pending in an appellate court, a trial court is without jurisdiction to conside

PER CURIAM. We vacate Tyrone Fields’ conviction and sentence for simple battery based on a double jeopardy violation with his conviction for residential burglary with a battery. See Bronson v. State, 654 So.2d 584 (Fla. 2d DCA 1995). In all other matters, we affirm. Battery conviction vacated; remaining convictions and sentences affirmed. THREADGILL, A.C.J., and BLUE and

SILBERMAN, Judge. Belinda McLeod challenges the sentence that she received as a result of her violation of probation. She argues that the trial court imposed a sentence that was an upward departure from the sentencing guidelines, without providing reasons for the departure. We agree and remand for resentencing. In 1998, following pleas of nolo conten-dere in circuit court case numbers 98-8410 and 98-11931

PER CURIAM. Jane M. Creedon appeals her convictions for possession of methamphetamine, misdemeanor possession of cannabis and possession of drug paraphernalia. Based on the unique facts presented in the case, we agree with Creedon’s argument that the trial court erred in denying her motion to suppress. The record does not support a finding that Creedon’s consent was freely and voluntarily given. Accordingly, we re

THREADGILL, Acting Chief Judge. Herman Tucker appeals a sentence imposed upon resentencing after appeal. He claims the sentence was erroneously enhanced by a law enforcement protection multiplier, which was included on the sentencing guidelines scoresheet pursuant to section 921.0014(1), Florida Statutes (1995). The State concedes that the law enforcement protection multiplier was improperly applied in this case. Tucker fail

PER CURIAM. Appellants, Donny Wright and Audry Wright (“the Wrights”), appeal the dismissal of two counts of their complaint for injuries Donny Wright sustained when the motorcycle he was riding collided with a truck. The issue to be determined by this review is whether the policy issued by Auto-Owners Insurance Company (“Auto-Owners”) provided coverage to its insured if he was riding a motorcycle at the time of the accident

BLUE, Chief Judge. The petition for writ of prohibition is granted and the order for preventive services entered by the trial court is quashed. The trial court was acting in excess of its jurisdiction when it ordered that A.S., the mother, make her three children available to their grandparents to permit the grandparents to assess the medical, dental, and educational “situations”; ordered A.S. to deliver the children to thei

CAMPBELL, Acting Chief Judge. Appellant, convicted of robbery, argues that the court should have granted his motion for a judgment of acquittal of robbery because of a fatal variance between the information and the proof at trial. We conclude that there was no variance and affirm. This was a McDonald’s drive-thru robbery. Appellant drove up to the drive-thru window and gave employee, Danielle West, a note

PER CURIAM. Appellant pleaded guilty to a charge of escape and the trial court sentenced him as a habitual offender to a prison term of thirty years. In his appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising as possible error the habituali-zation of the sentence. We find no merit to this issue and affirm the conviction and sentence. We noted