BARRY BUCKLEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (34 total)

• State v. Sigler, 967 So. 2d 835 (Fla. 2007)
  …In this Court’s earlier interpretation of section 924.34, we held this section was only applicable when the crime charged has lesser statutory degrees or where there are necessarily lesser-included offenses of the crime charged. See Gould v. State, 577 So. 2d 1302 (Fla.1991). However, in 1997, we receded from Gould, and we held, in I.T. v. State, 694 So. 2d 720, 724 (Fla.1997), the term “lesser offense necessarily included in the offense charged” not only includes necessarily lesser-included offenses but also…
• I.T. v. State, 694 So. 2d 720 (Fla. 1997)
  …nses. This Court approved the district court’s decision and held that G.C. “can be adjudicated delinquent for the lesser offense of trespass to a conveyance.” G.C., 572 So. 2d at 1382. Two and a half months later, this Court decided Gould v. State, 577 So. 2d 1302 (Fla.1991). In Gould, the adult defendant was found guilty of — among other things — sexual battery under section 794.011(4)(a), Florida Statutes (1985). The Second District Court of Appeal concluded that the conviction was not supported by the evid…
• Williams v. State, 957 So. 2d 595 (Fla. 2007)
  …491 So. 2d 541, 543 (Fla.1986) (holding that if State declines to consent to defense waiver of instruction on necessarily lesser included offense, waiver is ineffectual and instruction must be given), receded from on other grounds by Gould v. State, 577 So. 2d 1302, 1305 (Fla.1991). In this case, the State alleged the elements of lewd or lascivious battery and presented sufficient evidence to support a verdict thereon. In the information, the State charged both that the defendant committed an act meeting the…

Authorities Cited

• Glass v. State, 574 So. 2d 1099 (Fla. 1991)
• Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990)
• Smith v. State, 558 So. 2d 534 (Fla. 1st DCA 1990)