JUAN DE LA CRUZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JUAN DE LA CRUZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
560 So. 2d 328
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
We find the conviction for possession of a firearm during the commission of a felony, § 790.07, Florida Statutes (1985), to be erroneous because the elements of that crime duplicate certain elements of the crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant was also convicted. Hall v. State, 517 So. 2d 678 (Fla.1988); Carawan v. State, 515 So. 2d 161 (Fla.1987). Accordingly, the defendant’s conviction for possession of a firearm during the commission of a felony must be vacated. However, the second-degree murder conviction and sentence are affirmed.
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Bulkmatic Transp. Co. v. Taylor, 860 So. 2d 436 (Fla. 1st DCA 2003)…a new trial as the appellees failed to request additional peremptory challenges once they exhausted their initial compliment of strikes and as they failed to identify the objectionable juror whom they would have stricken peremptorily); Dobek v. Ans, 560 So. 2d 328, 329 (Fla. 4th DCA 1990) (noting that in Hill v. State, 477 So. 2d 553 (Fla.1985), the supreme court, albeit by dictum, indicated that an appellant must show an exhaustion of all peremptory challenges and a denial of a request for additional challen…
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Bradley v. Indian River Mem'l Hosp., Inc., 585 So. 2d 1154 (Fla. 4th DCA 1991)…ist Memorial Hospital Inc. v. Bell, 384 So. 2d 145 (Fla.1980); and Smith v. Brown, 525 So. 2d 868 (Fla.1988). I should have been disposed to reverse for a new trial on the jury selection issue, but I see no way around our decision in Dobek v. Ans, 560 So. 2d 328 (Fla. 4th DCA 1990). It is absolutely critical to ask for more peremptory challenges in this situation. Merely challenging for cause is not enough. An affirmance is thus required.…
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Cason v. State, 760 So. 2d 283 (Fla. 4th DCA 2000)…allenge to strike Ms. Wal-lerstein. We agree that this procedure must be followed in order to raise the denial of a cause challenge on appeal. See Kearse v. State, 662 So. 2d 677 (Fla.1995); Trotter v. State, 576 So. 2d 691 (Fla.1990); Dobek v. Ans, 560 So. 2d 328 (Fla. 4th DCA 1990); Hammond v. State, 727 So. 2d 979 (Fla. 2d DCA 1999). Whether defense counsel properly preserved the issue is questionable under the “scenario” presented in this case, wherein the trial judge led defense counsel to believe that…
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- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)