FREDERICK GRIFFIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Odom v. State, 15 So. 3d 672 (Fla. 1st DCA 2009)
  …tion of probation allegedly violated”). “[A] conviction for an offense that did not take place constitutes fundamental reversible error.” Hobson v. State, 908 So. 2d 1162, 1164 (Fla. 1st DCA 2005); see F.B., 852 So. 2d at 230-31; Santiago v. State, 847 So. 2d 1060, 1062 (Fla. 2d DCA 2003); Griffin v. State, 705 So. 2d 572, 574 (Fla. 4th DCA 1998) (finding fundamental error where appellant was convicted of a crime that did not take place); Harris v. State, 647 So. 2d 206, 208 (Fla. 1st DCA 1994). Likewise, “[i…
• Santiago v. State, 88 So. 3d 1020 (Fla. 2d DCA 2012)
  …of resisting arrest and fleeing and eluding for this portion of the day’s events. This court affirmed all aspects of the judgments and sentences except for the charge of fleeing and eluding, which was reversed for discharge. See Santiago v. State, 847 So. 2d 1060 (Fla. 2d DCA 2008). Mandate issued July 3, 2003. Mr. Santiago filed this postconviction motion on September 5, 2006. It is timely because he sought review of this court’s opinion by the Florida Supreme Court, which denied review on June 8, 2005, see…

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• Jefferey Hobson v. State, 908 So. 2d 1162 (Fla. 1st DCA 2005)
  …because the appellant and his co-defendant robbed a convenience store, not because the appellant left the scene of an accident involving-injury, death, or property damage. Therefore, the first element of the offense is absent. See Santiago v. State, 847 So. 2d 1060, 1062 (Fla. 2d DCA 2003). Also absent is the third element oí further property damage or injury after striking the car and continuing flight. Therefore, the appellant was wrongly convicted of the offense of aggravated fleeing or eluding. The state…

Authorities Cited

• Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)
• Gillis Watson v. State, 842 So. 2d 275 (Fla. 1st DCA 2003)
• Perkins v. State, 842 So. 2d 275 (Fla. 1st DCA 2003)