ROBERT CARLTON BEMIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ROBERT CARLTON BEMIS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
682 So. 2d 1096
Florida Supreme Court (1996)
Positive Treatment
Cited by 6 cases
Opinion of the Court
SHAW, Justice.
We have for review Bemis v. State, 667 So. 2d 779 (Fla. 2d DCA 1995), based on conflict with Salazar v. State, 665 So. 2d 1066 (Fla. 4th DCA 1995), quashed, 679 So. 2d 1183 (Fla.1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Bemis based on Melbourne v. State, 679 So. 2d 759 (Fla.1996).
It is so ordered.
KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
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State v. Sigler, 967 So. 2d 835 (Fla. 2007)…not a ‘constitutionally acceptable substitute’ for such a jury determination.” Id. at 18. In reaching this conclusion the Fourth District cited with approval the First District’s decision in Pratt v. State, 668 So. 2d 1007 (Fla. 1st DCA), approved, 682 So. 2d 1096 (Fla.1996). The defendant in Pratt was convicted of attempted third-degree felony murder, which was no longer a crime after this Court’s decision in State v. Gray, 654 So. 2d 552 (Fla.1995). On appeal the State argued that the defendant was not enti…
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Markham Young v. State, 695 So. 2d 819 (Fla. 4th DCA 1997)…ucted on below which were equal to or lesser than attempted third-degree felony murder-” Id. at 818. Therefore, we remand for retrial on the lesser included charges of attempted manslaughter, aggravated assault, battery, and assault. State v. Pratt, 682 So. 2d 1096 (Fla.1996); State v. Wilson, 680 So. 2d 411 (Fla.1996). Regarding Young’s conviction for armed burglary of a dwelling with assault or battery, Young argues his motion for judgment of acquittal should have been granted on this charge because he was…
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Sigler v. State, 881 So. 2d 14 (Fla. 4th DCA 2004)…s verdict in this case did not include a jury determination beyond a reasonable doubt as to each element of third degree felony murder, defendant cannot be convicted of that offense. Cf. Pratt v. State, 668 So. 2d 1007, 1009 (Fla. 1st DCA), approved 682 So. 2d 1096 (Fla. 1996) (“Were we to adopt the state’s position and direct entry of judgment for attempted manslaughter (an intent crime) pursuant to section 924.34, we necessarily would be acting as the fact-finder and would have to assume the presence of the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- State v. Laurentino Bravo Salazar, 679 So. 2d 1183 (Fla. 1996)
- Ratliff v. State, 679 So. 2d 1183 (Fla. 1996)
- Laurentino Bravo Salazar v. State, 665 So. 2d 1066 (Fla. 4th DCA 1995)