TOMMY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
We reverse appellant’s convictions and sentences for battery on a law enforcement officer and resisting arrest with violence, because the trial court improperly restricted voir dire of the jury venire relating to appellant’s anticipated voluntary intoxication defense. See Lavado v. State, 492 So. 2d 1322 (Fla.1986) (adopting Judge Pearson’s dissent in Lavado v. State, 469 So. 2d 917, 919 (Fla. 3d DCA 1985), in its entirety). We nonetheless affirm appellant’s misdemeanor conviction and sentence for possession of drug paraphernalia, because the voluntary intoxication defense did not apply thereto. Because of our disposition of the first issue, it is unnecessary for us to consider appellant’s second issue relating to the habitual felony offender sentences imposed.
REVERSED and REMANDED for new trial on the charges of battery on a law enforcement officer and resisting arrest with violence.
BOOTH and WEBSTER, JJ., concur.
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Franqui v. State (Fla. 1997)…d 1322 (Fla.1986), the issue presented was whether the trial court erred in refusing defense counsel’s request to ask prospective juroi’s about their willingness and ability to accept the defense of involuntary intoxication. See also Brown v. State, 614 So. 2d 12 (Fla. 1st DCA 1993) (similar issue). We decided that the trial eoui’t’s restriction of defense counsel’s questioning on voir dire denied Lavado his light to a fair and impazüal jury. Lavado, 492 So. 2d at 1323. We adopted the reasoning of the dissen…
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Frey v. State, 708 So. 2d 918 (Fla. 1998)…ence, we have held that voluntary intoxication may be a defense to resisting arrest with violence. Colson, 73 So. 2d at 862 (“Whether or not defendant had enough left to know what he was doing was a question for the jury.”). See also Brown v. State, 614 So. 2d 12, 12 (Fla. 1st DCA 1993) (‘We reverse appellant’s convictions and sentences for battery on a law enforcement officer and resisting arrest with violence, because the trial court improperly restricted voir dire of jury yenire relating to the defendant’…
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Boyles v. Dillard's Inc., 199 So. 3d 315 (Fla. 1st DCA 2016)…he aggravation” caused by Dillard’s alleged negligence of “an existing disease or physical defect,” any error was harmless because the jury returned a defense verdict, finding that Dillard’s did not negligently cause the accident. In Brown v. State, 614 So. 2d 12, 12 (Fla. 1st DCA 1993), this Court held that the trial court improperly restricted the defense’s questioning of prospective jurors about the appellant’s anticipated voluntary intoxication defense to the charges of battery on a law enforcement offic…1 / 2
Authorities Cited
- Lavado v. State, 492 So. 2d 1322 (Fla. 1986)
- Williams v. State, 469 So. 2d 917 (Fla. 2d DCA 1985)
- Lavado v. State, 469 So. 2d 917 (Fla. 3d DCA 1985)