VERNON AMOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-05-14
No. 95-0245
GLICKSTEIN, FARMER and KLEIN, JJ., concur.
695 So. 2d 411 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 3 cases

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Holding

The court affirmed most of the appellant's convictions but reversed one count of attempted first-degree murder, remanding for a new trial.


Facts & Procedural History

The appellant was convicted of multiple offenses including murder and robbery in his fifth trial. This appeal followed the convictions and sentence of…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Vernon Amos appeals his numerous convictions involving several victims: two counts of first-degree murder; three counts of robbery; and one count of attempted first-degree murder. We affirm all of the convictions except the last above-mentioned, which we reverse and remand for a new trial on attempted first-degree premeditated murder for the same reasons recited in Spencer v. State, 693 So. 2d 1001 (Fla. 4th DCA 1997), which case concerned the codefendant of appellant.

This appeal arises from the fifth trial in this ease. The first trial’s convictions and resulting death sentence of appellant were reversed due to a special districting jury selection process that resulted in an unconstitutional systematic exclusion of a significant portion of the black population from the jury pool. Amos v. State, 545 So. 2d 1352 (Fla.1989). The second trial ended in mistrial due to a hung jury. Appellant’s third trial resulted in another hung jury. The fourth trial’s convictions and resulting death sentence of appellant were reversed due to several errors at trial. Amos v. State, 618 So. 2d 157 (Fla.1993). Upon appellant’s convictions in his fifth trial, which is the subject of this appeal, appellant was sentenced to life imprisonment.

Appellant has raised nine issues, eight of which we find not to be persuasive. On the ninth issue, we reverse and remand as indicated above.

GLICKSTEIN, FARMER and KLEIN, JJ., concur.


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  • Keveloh v. Carter, 699 So. 2d 285 (Fla. 5th DCA 1997)
    ….1308(l)(a), Fla. Stat. (1995). The child is not present in Florida and there is no basis for emergency jurisdiction. Illinois is clearly the only appropriate forum to decide the paternity and custody issues concerning Shawn. See Dorrity v. Dorrity, 695 So. 2d 411 (Fla. 5th DCA 1997); Flores v. Saunders, 674 So. 2d 767 (Fla. 5th DCA), rev. denied, 687 So. 2d 1305 (Fla.1996); Chapoteau v. Chapoteau, 659 So. 2d 1381 (Fla. 3d DCA 1995). Because the Florida court lacked subject matter jurisdiction, its paternity…
  • Munnerlyn v. Wingster, 825 So. 2d 481 (Fla. 5th DCA 2002)
    ….1308(1)(a), Fla. Stat. (1995). The child is not present in Florida and there is no basis for emergency jurisdiction. Illinois is clearly the only appropriate forum to decide the paternity and custody issues concerning Shawn. See Dorrity v. Dorrity, 695 So. 2d 411 (Fla. 5th DCA 1997); Flores v. Saunders, 674 So. 2d 767 (Fla. 5th DCA), rev. denied, 687 So. 2d 1305 (Fla.1996); Chapoteau v. Chapoteau, 659 So. 2d 1381 (Fla. 3d DCA 1995). Because the Florida court lacked subject matter jurisdiction, its paternity…
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  • Abuchaibe v. Paola Andrea Abuchaibe, 751 So. 2d 1257 (Fla. 3d DCA 2000)
    …ot support a finding under section 61.1308(l)(b) that the child has a significant connection with this state. See Gonzalez v. Gonzalez, 654 So. 2d 257 (Fla. 3d DCA 1995); Brown v. Tan, 395 So. 2d 1249 (Fla. 3d DCA 1981); see also Dorrity v. Dorrity, 695 So. 2d 411 (Fla. 5th DCA 1997); Kennedy v. Kennedy, 559 So. 2d 713 (Fla. 5th DCA 1990); Hegler v. Hegler, 383 So. 2d 1134 (Fla. 5th DCA 1980). In addition, the child had resided in Colombia for approximately twenty-two of his thirty-three months at the time o…

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