KIRBY SOLOMON, PETITIONER,

v.

MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• Rosalyn Ann Sanders v. State, 765 So. 2d 778 (Fla. 1st DCA 2000)
  …ppellant the opportunity to retain different trial counsel. Appellant failed to preserve her insufficiency of the evidence issue, however, because she failed to file a motion for judgment of acquittal at trial raising this issue. See James v. State, 745 So. 2d 1141, 1142-48 (Fla. 1st DCA 1999); Woods v. State, 733 So. 2d 980, 984-85 (Fla.1999). Further, we have held that the state’s failure to prove all elements of a charged offense does not constitute “fundamental error” which may be raised for the first time…
• Darius Donard Price v. State, 816 So. 2d 738 (Fla. 3d DCA 2002)
  …d. We conclude that the taking of the car keys satisfied the “taking” element of the statute. Section 812.133, Florida Statutes (1997), does not require the accused’s successful departure from the crime scene in the victim’s car. In James v. State, 745 So. 2d 1141, 1142 (Fla. 1st DCA 1999), the court held that defendant’s “barebones” motion for judgment of acquittal was not sufficient to preserve the issue for appellate review., The court went on to say: Even if we were to address the substantive argument pr…
• Green v. State, 828 So. 2d 462 (Fla. 5th DCA 2002)
  …ng the car in order to drive it off. To establish the armed carjacking, the state did not even have to prove that the appellant, after entering the car, proceeded to drive off in it. Price v. State, 816 So. 2d 738 (Fla. 3d DCA 2002); James v. State, 745 So. 2d 1141 (Fla. 1st DCA 1999). While it is conceivable that a carjacking could occur with use of a crane or tow truck, following the forcible taking of the car from its possessor, and thus avoid “entry” into the vehicle, (i.e.burglary) most carjackings are, i…

Authorities Cited

• Bowles v. Singletary, 698 So. 2d 1201 (Fla. 1997)