THOMAS L. KIRKENDALL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Welsh v. State, 850 So. 2d 467 (Fla. 2003)
  …6 So. 2d 377, 382 (Fla. 1968); see also Hand v. State, 199 So. 2d 100, 103 (Fla.1967) (stating that larceny is necessarily included offense of robbery because robbery is larceny plus force, violence, assault, or putting in fear); Rodriguez v. State, 789 So. 2d 513, 514 (Fla. 5th DCA 2001) (stating that simple battery is necessarily included offense of battery of a law enforcement officer). A permissive lesser included offense may or may not be included in the charged offense depending on the pleadings and the…
• Solomon Willis v. State, 840 So. 2d 1135 (Fla. 4th DCA 2003)
  …eritt v. State, 817 So. 2d 891, 896 (Fla. 1st DCA 2002); Benton v. State, 650 So. 2d 688 (Fla. 1st DCA 1995). Requesting the instruction on a necessarily lesser-included offense is sufficient to preserve the issue for appeal. See Rodriguez v. State, 789 So. 2d 513 (Fla. 5th DCA 2001). Although Willis claimed the error in this case is fundamental, the failure to instruct on even a category one lesser-included offense in a non-capital case is not fundamental error. See Richards v. State, 809 So. 2d 38 (Fla. 5th…
• Truett v. State, 105 So. 3d 656 (Fla. 1st DCA 2013)
  …t Truett’s conduct, as reflected in this record, amounts to abandonment of his claim. The State then proceeds to discuss the contours of the fundamental error analysis it asserts is appropriate to this appeal. Truett relies upon Rodriguez v. State, 789 So. 2d 513 (Fla. 5th DCA 2001), to rebut the State’s charge that he did not preserve his claim for appeal. In Rodriguez, the reviewing court examined a case where the trial court failed to give a requested jury instruction. Id. at 514. On appeal, the State con…

Authorities Cited

• Grant v. State, 770 So. 2d 655 (Fla. 2000)
• State v. Cotton, 769 So. 2d 345 (Fla. 2000)
• Ellis v. State, 762 So. 2d 912 (Fla. 2000)
• McKNIGHT v. State, 769 So. 2d 1039 (Fla. 2000)