BOCA RATON SMALL ENGINES AND EMPLOYERS SELF INSURANCE FUND, APPELLANTS,

v.

PETER BELLAK, APPELLEE

Citator

Cited By (13 total)

• Concepcion v. State, 857 So. 2d 299 (Fla. 5th DCA 2003)
  …ts of the crime charged and required to be proven by competent evidence. Delva, 575 So. 2d at 644; Gerds v. State, 64 So. 2d 915 (Fla.1953). A defendant cannot be convicted of a crime that was not charged. Dixon, 823 So. 2d at 794; O’Bryan v. State, 692 So. 2d 290 (Fla. 1st DCA 1997). Fundamental error occurs when the court fails to instruct on an element of the crime that was disputed at trial. Reed, 837 So. 2d at 369; Delva, 575 So. 2d at 644-45; Simmons v. State, 780 So. 2d 263, 266 (Fla. 4th DCA 2001). G…
• Dixon v. State, 823 So. 2d 792 (Fla. 2d DCA 2001)
  …ury’s general verdict makes it impossible to know whether Dixon was convicted of the offense with which he was charged, i.e., intentional touching battery, or an offense with which he was not charged, i.e., bodily harm battery. See O’Bryan v. State, 692 So. 2d 290 (Fla. 1st DCA 1997). Accordingly, we reverse Dixon’s convictions for two counts of battery on a law enforcement officer and remand for a new trial on these charges. Affirmed in part, reversed in part, and remanded for further proceedings. PARKER,…
• Eaton v. State, 908 So. 2d 1164 (Fla. 1st DCA 2005)
  …ffis v. State, 848 So. 2d 422, 427 (Fla. 1st DCA 2003); Dixon v. State, 823 So. 2d 792, 794 (Fla. 2d DCA 2001); Braggs v. State, 789 So. 2d 1151, 1153-54 (Fla. 3d DCA 2001); Taylor v. State, 760 So. 2d 298, 299 (Fla. 4th DCA 2000); O’Bryan v. State, 692 So. 2d 290, 290-91 (Fla. 1st DCA 1997). Based on this authority, we are constrained to conclude that the trial court committed fundamental error by instructing the jury on an alternative theory (sexual union) not charged in the first count of the information.…

Authorities Cited

• Horizons Painting & PCA Solutions, Inc. v. Lessard, 688 So. 2d 941 (Fla. 1st DCA 1997)
• Miles v. Hon. Marlene M. Alva, 687 So. 2d 884 (Fla. 5th DCA 1997)
• In the Interest of L.M.G. v. State, 687 So. 2d 884 (Fla. 2d DCA 1997)