STATE

v.

KETTELL

Citator

Cited By

• Martinez v. State, 981 So. 2d 449 (Fla. 2008)
  …number of cases in which other district courts have held, without qualification or limitation, that to give the forcible-felony instruction when the defendant has committed only one forcible act constitutes fundamental error. See Martinez v. State, 959 So. 2d 717 (Fla.2007) (table).2 ANALYSIS Whether the Forcible-Felony Instruction Requires an Independent Forcible Felony Initially, the State asserts that the forcible-felony instruction was intended to apply even where there is no forcible felony independe…
• State v. Kettell, 980 So. 2d 1061 (Fla. 2008)
  …42 So. 2d 437 (Fla. 5th DCA 1989), in which the court held that merely shooting at, into, or within a building establishes the elements of the crime. We have jurisdiction to resolve the conflict. See art. V, § 3(b)(3), Fla. Const.; State v. Kettell, 959 So. 2d 717 (Fla.2007) (granting review). Applying the elementary principle that performing an act “wantonly or maliciously” requires more than merely performing the act, we hold that proof of the shooting alone is insufficient to prove the crime. We therefore…
• Washington v. State, 985 So. 2d 51 (Fla. 4th DCA 2008)
  …lse reporting exception.”1 We find no merit in the other issue raised and affirm the defendant’s conviction and sentence. Affirmed. POLEN and GROSS, JJ., concur. . The Supreme Court of Florida initially accepted jurisdiction in Roebuck v. State, 959 So. 2d 717 (Fla.2007), but subsequently dismissed the appeal, concluding that Roebuck is not in conflict with Jaggers and Cliburn and that jurisdiction should be discharged. 982 So. 2d 683 (Fla.2008).…