Criminal law -- Loitering and prowling -- Evidence that defendant was in parking lot of closed business in early morning hours and moved into shadows and crouched behind a car when he saw patrol car was sufficient to prove that defendant was loitering and prowling in manner not usual for law abiding citizens -- However, state failed to
prove second element, that loitering and prowling was under circumstances that warranted a justifiable and reasonable alarm or immediate concern for safety of persons or property located in the vicinity -- Fact that officer subsequently discovered evidence of other crimes does not alter court's analysis, because offense of loitering and prowling must be complete before any police action occurs -- Remand with directions to discharge defendant on loitering and prowling charge     Reported at 33 Fla. L. Weekly D1814a

Criminal law -- Confession -- Where police stopped defendant's vehicle because defendant and his vehicle fit the description of the person who committed armed robbery, police subsequently arrested defendant for driving under the influence and transported him to DUI intake room at sheriff's station, defendant refused to submit to
mandatory breathalyzer test, and immediately thereafter invoked his right to counsel under Miranda, trial court properly suppressed confession which was given to detectives who initiated questioning of defendant after he had spent the night in jail -- Because defendant's invocations of his right to consult an attorney came after he refused
a breath test, defendant was not invoking his right to counsel in order to obtain advice as to whether to breathe into the machine -- Once defendant invoked his right to counsel several times in DUI intake room, he could no longer be questioned on any matter -- Prolonged police custody of a suspect after the suspect requests counsel creates a presumption that any subsequent waiver of Miranda rights is the result of police coercion -- Fact that police reinitiated contact after defendant had spent night in jail creates a presumption of coercion in defendant's subsequent waiver of rights, and this presumption does not dissipate with later reading of Miranda   Reported at 33 Fla. L. Weekly D1793a

Criminal law -- Plea -- Withdrawal -- Trial court should have struck pro se motion to withdraw guilty plea as a nullity, instead of conducting evidentiary hearing, where defendant was represented by court-appointed counsel at time pro se motion was filed and record does not indicate that defendant made unequivocal request to discharge counsel or reflect that defense counsel adopted the pro se motion -- Remand with directions to strike motion as nullity -- Exception to rule prohibiting hybrid representations for motions under rule 3.170(l) is limited to cases where defendant makes an unequivocal request to discharge counsel -- Court declines to expand this single exception to pro se motions alleging conflict with counsel based on misadvice or motions containing allegations which create adversarial relationship between defendant and counsel -- Conflict certified  Reported at 33 Fla. L. Weekly D1773a

Criminal law -- Self-defense -- Evidence -- Trial court correctly sustained objection to introduction of 911 calls originating from convenience store where defendant worked to establish facts which would help jury understand the self defense claim by demonstrating what defendant was thinking at time of incident -- Reports of calls were hearsay, and there was no evidence that defendant knew about many of previous incidents reflected in calls -- No error in precluding defendant from questioning detective about police reports relating to three prior incidents involving encounters between defendant and third parties -- Prior incidents were not sufficiently similar to crime charged to have any probative value with regard to reasonableness of defendant's conduct with victims in this case -- Attempt to introduce facts of incidents through police reports called for hearsay   Reported at 33 Fla. L. Weekly D1784b

Criminal law -- Second degree murder -- Sentencing -- Resentencing -- Jurisdiction -- Double jeopardy -- Error to amend sentence to add mandatory minimum term during pendency of defendant's appeal and after he had begun serving the sentence originally imposed -- Error to grant state's rule 3.800 motion to correct sentence because motion was unauthorized in this case -- Double jeopardy barred increase in sentence where state never objected to oral pronouncement of sentence that omitted the mandatory minimum -- Remand with instructions to strike mandatory minimum term    Reported at 33 Fla. L. Weekly D1770a

Criminal law -- Attempted first-degree murder -- Armed burglary -- Armed false imprisonment -- Evidence -- Court did not err in precluding defense from eliciting any testimony on cross-examination of victim regarding whether victim was a drug dealer -- Cross-examination of victim regarding his drug dealing lifestyle was an impermissible character attack, not impeachment -- Court did not err in allowing detective to testify as to the distance from defendant's residence to the crime scene and the time it would take to travel from one location to the other in order to dispute defendant's alibi defense -- No merit to claim that out-of-court photographic identifications of defendant by victim and victim's mother should have been suppressed -- Identification procedures employed were not unduly suggestive or improper -- Court did not err in denying defendant's motion for mistrial on ground that state used phrase “mug shot” during re-direct examination of detective where defense counsel repeatedly referred to photographs in photo arrays shown to victim and his mother as “mug shots” in cross-examination of witness -- Any error in using phrase “mug shot” was invited by defense -- Claim that defendant's right to meaningful review on appeal has been violated because transcripts from certain post-trial motions are missing is without merit where defendant has not identified any prejudicial error that would be revealed by a review of those transcripts -- Evidence was sufficient to support convictions     Reported at 33 Fla. L. Weekly D1791a