EDDIE LAMAR HILL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J.J. v. State, 842 So. 2d 266 (Fla. 2d DCA 2003)
  …property. It appears that the trial court found J. J. guilty of a nonexistent offense of leaving the scene of an accident. Conviction of a nonexistent crime is fundamental error. Jordan v. State, 801 So. 2d 1032 (Fla. 5th DCA 2001); Beck v. State, 732 So. 2d 427 (Fla. 1st DCA 1999). We therefore reverse and remand with instructions for the trial court to strike the offense from the order placing J.J. on probation and to enter a dismissal as to count II of the delinquency petition.1 Affirmed in part, revers…
• Palmer v. State, 838 So. 2d 579 (Fla. 1st DCA 2002)
  …te,” and noting that for “a court to hold otherwise would make the obvious mandate of the legislature subservient to the discretion of the court”). The cases cited by Appellant, Jozens v. State, 649 So. 2d 322 (Fla. 1st DCA 1995) and Beck v. State, 732 So. 2d 427 (Fla. 1st DCA 1999), are not applicable. Jozens was charged and convicted of committing a sexual battery (Count I), and of a lewd and lascivious act “by committing a sexual battery” (Count II). Jozens, 649 So. 2d at 322. Because the State used the p…

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• Erlsten v. State, 78 So. 3d 60 (Fla. 4th DCA 2012)
  …se he could not be convicted of lewd, lascivious, or indecent acts upon a child less than sixteen years of age for conduct that also constituted the crime of sexual battery under Jozens v. State, 649 So. 2d 322 (Fla. 1st DCA 1995) and Beck v. State, 732 So. 2d 427 (Fla. 1st DCA 1999) and (2) that he could not be sentenced as an HVFO and PRR. The court granted claim 2 and resen-tenced Erlsten to life in prison as a PRR for the aggravated kidnapping and thirty years in prison as an HFO with a fifteen-year mand…

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Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA 1997)