HARRY JAMES FERGUSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Harry Ferguson, appeals his convictions of attempted first degree murder, grand theft auto and attempted robbery (of money) with a deadly weapon.
We find no error in the trial court’s refusal, mid-trial, to allow appellant to represent himself, nor do we find support for appellant’s claim of ineffectiveness of trial counsel. As to these issues we affirm.
Appellant was charged in a three-count information with attempted murder, attempted robbery of a motor vehicle with a firearm, and grand theft auto. While there are refer-enees in the record to a “Count IV” upon which appellant’s conviction of attempted robbery of money with a deadly weapon would have rested, we find no such count in the information. Appellant has thus been convicted of a crime not charged. This is impermissible. Rose v. State, 507 So. 2d 630 (Fla. 5th DCA 1987) (extensive citations omitted). See also, In Interest of C.T., 582 So. 2d 1245 (Fla. 4th DCA 1991). We therefore reverse appellant’s conviction based upon this nonexistent count.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, POLEN and STEVENSON, JJ., concur.
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Thompson v. State, 990 So. 2d 482 (Fla. 2008)…r was before us on direct appeal or as a petition seeking an extraordinary writ to prohibit Judge Smith from presiding. See Livingston v. State, 441 So. 2d 1083 (Fla.1983); Benson v. Tharpe, 685 So. 2d 1363 (Fla. 2d DCA 1996); Gonzalez v. Goldstein, 633 So. 2d 1183 (Fla. 4th DCA 1994). In such a posture, we would review whether Judge Smith’s remarks mandated that he grant a motion to disqualify, which depends upon “whether the facts alleged would place a reasonably prudent person in fear of not receiving a fai…1 / 2
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Hayes v. State, 686 So. 2d 694 (Fla. 4th DCA 1996)…[W]e cannot refrain from noting that this particular judge apparently does not shrink from announcing fixed ideas on what he will do in a given case before he hears the evidence and argument of the parties in open court. See Gonzalez v. Goldstein, 633 So. 2d 1183 (Fla. 4th DCA 1994) (same judge disqualified for announcing before hearing what the eventual sentence will be at forthcoming resentenc-ing). Id. at 1112. Although Mitchell also involved ex parte communications between Judge Goldstein and a communit…
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- Rose v. State, 507 So. 2d 630 (Fla. 5th DCA 1987)
- In the Interest of C.T., 582 So. 2d 1245 (Fla. 4th DCA 1991)