LOUIE L. WAINWRIGHT, PETITIONER,

v.

WILLIE POTTS, JR., RESPONDENT

Citator

Cited By (11 total)

• State v. Eduards Wilson, 680 So. 2d 411 (Fla. 1996)
  …n v. State, 436 So. 2d 30 (Fla.1982). Similarly, we directed that the remedy for an improper conviction of the nonexistent offense of attempted resisting arrest with violence was retrial on the resisting arrest with violence charge. Jordan v. State, 438 So. 2d 825 (Fla.1983). Wilson is correct in his assertion that those cases involved nonexistent offenses which were lesser included offenses of the principal charge in the charging document, as opposed to the instant case, where the principal charge was a non…
• Brown v. State, 550 So. 2d 142 (Fla. 1st DCA 1989)
  …ore, the offense of attempting to solicit is implicitly included within section 777.04(2). When a statutory offense is itself an attempt to complete an act, there is no separate crime consisting of an attempt to commit the offense. Jordan v. State, 438 So. 2d 825 (Fla.1983) (no crime of attempting to resist an officer with force); State v. Sykes, 434 So. 2d 325 (Fla.1983) (no crime of attempted theft); Achin v. State, 436 So. 2d 30 (Fla.1982) (no crime of attempted extortion); Adams v. Murphy, 394 So. 2d 411…

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• Polite v. State, 454 So. 2d 769 (Fla. 1st DCA 1984)
  …. 2d 550 (Fla. 1st DCA 1984), since § 843.01 proscribes offering to do the prohibited act, the attempt is therefore a part of the crime and there is no lesser included offense of attempted resisting an officer with violence. Accord, Jordan v. State, 438 So. 2d 825 (Fla.1983). It is reversible error to convict a defendant of such non-existent offense, even where, as here, the issue is not raised at trial. Plummer, supra; see also, State v. Sykes, 434 So. 2d 325 (Fla.1983). Appellant was also tried on charges…

Authorities Cited

• State v. Meyer, 430 So. 2d 440 (Fla. 1983)
• Potts v. Louie Wainwright, 413 So. 2d 156 (Fla. 4th DCA 1982)