SEMINOLE COUNTY, APPELLANT,

v.

CHRISTOPHER J. RADOSEVICH, ET AL., APPELLEE

Citator

Cited By

• McKIVER v. State, 55 So. 3d 646 (Fla. 1st DCA 2011)
  …lawfully entering] or remaining] in a structure, to wit: a dwelling, the property of Rhonda Carmichael, with the intent to commit an offense therein.” Thus, the elements of trespass were adequately established in the information. See Henig v. State, 820 So. 2d 1037, 1038-39 (Fla. 4th DCA 2002); Hannah v. State, 42 So. 3d 951, 953 (Fla. 4th DCA 2010). Further, the evidence adduced at trial established the elements of the trespass offense. Mr. Doles testified that Mr. McKiver entered Ms. Carmichael’s house, and…
• Piccioni v. State, 833 So. 2d 247 (Fla. 4th DCA 2002)
  …judge refused and Piccioni now appeals that ruling. We find merit in Pic-cioni’s claim, reverse his conviction and remand for a new trial. Trespass is a category two permissive lesser-included offense of burglary of a dwelling. See Henig v. State, 820 So. 2d 1037, 1039 (Fla. 4th DCA 2002); see also In re Standard Jury Instructions in Criminal Cases (97-2), 723 So. 2d 123, 131 (Fla.1998). When requested by the defendant, an instruction on a category two permissive lesser-included offense must be given where “…
• Wong v. State, 212 So. 3d 351 (Fla. 2017)
  …the request and, just as clearly, denied that specific request.”); Bryant, 932 So. 2d at 410 (holding request preserved “despite the fact that counsel arguably did not specifically protest the trial court’s denial of that request”); Henig v. State, 820 So. 2d 1037, 1039-40 (Fla. 4th DCA 2002); Rodriguez; v. State, 789 So. 2d 513, 514 (Fla. 5th DCA 2001); Gainer, 633 So. 2d at 481; Rigdon v. State, 621 So. 2d 475, 478 (Fla. 4th DCA 1993); Fernandez; v. State, 570 So. 2d 1008, 1010 (Fla. 2d DCA 1990); Flint v.…

Authorities Cited

• Seminole Cnty. v. Faye R. Chandrinos, 816 So. 2d 1241 (Fla. 5th DCA 2002)