GLENN A. KESSING, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Franklin v. State, 877 So. 2d 19 (Fla. 4th DCA 2004)
  …efendant receive a punishment which is less severe than the crime charged. State v. Baker, 456 So. 2d 419 (Fla.1984). It follows that we must consider all applicable statutes when determining if a crime is a lesser included offense. Greene v. State, 714 So. 2d 554, 557 (Fla. 2d DCA 1998) (maximum sentence is no longer determined only by the degree of the crime); Iseley v. State, 865 So. 2d 580 (Fla. 5th DCA 2004) (court considered section 775.087(2) in determining whether aggravated assault with a firearm is…
• K.H. v. State, 763 So. 2d 1187 (Fla. 4th DCA 2000)
  …lence to the victim was imminent, as required by section 784.021, Florida Statutes. Conviction under these circumstances constitutes fundamental error. See Ray v. State, 403 So. 2d 956 (Fla.1981), called into doubt on other grounds, Greene v. State, 714 So. 2d 554 (Fla. 2d DCA 1998). We recognize that, notwithstanding this general rule, such an error may be waived where there is no objection raised and defense counsel either requests the improper charge or relies on that charge as evidenced by argument to t…
• Donohue v. State, 925 So. 2d 1163 (Fla. 4th DCA 2006)
  …rs v. State, 678 So. 2d 330 (Fla.1996) (holding that vulnerability of victim due to age justifies departure from sentencing guidelines for offenses committed after January 1, 1994, even if victim’s age is an element of the offense); Greene v. State, 714 So. 2d 554 (Fla. 2d DCA 1998) (holding that upward departure from sentencing guidelines was warranted by ages of victims). But, for Sixth Amendment purposes, the jury’s verdict needed to reflect this finding of vulnerability to support the departure sentence.…