STATE OF FLORIDA, APPELLANT,

v.

BARRY KEITH BREWER, JR., APPELLEE

Citator

Cited By

• Concepcion v. State, 857 So. 2d 299 (Fla. 5th DCA 2003)
  …97). Fundamental error occurs when the court fails to instruct on an element of the crime that was disputed at trial. Reed, 837 So. 2d at 369; Delva, 575 So. 2d at 644-45; Simmons v. State, 780 So. 2d 263, 266 (Fla. 4th DCA 2001). Griffis v. State, 848 So. 2d 422, 427 (Fla. 1st DCA 2003); see also King v. State, 800 So. 2d 734 (Fla. 5th DCA 2001)(holding that when the trial court issues an incomplete or inaccurate jury instruction, fundamental error occurs if the error relates to an element of the crime that…
• Eaton v. State, 908 So. 2d 1164 (Fla. 1st DCA 2005)
  …. 2d 572, 573 (Fla. 2d DCA 2004); Mitchell v. State, 888 So. 2d 665, 667 (Fla. 1st DCA 2004), review denied, 902 So. 2d 790 (Fla.2005); Hodges v. State, 878 So. 2d 401, 402 (Fla. 4th DCA), review denied, 890 So. 2d 1114 (Fla.2004); Griffis v. State, 848 So. 2d 422, 427 (Fla. 1st DCA 2003); Dixon v. State, 823 So. 2d 792, 794 (Fla. 2d DCA 2001); Braggs v. State, 789 So. 2d 1151, 1153-54 (Fla. 3d DCA 2001); Taylor v. State, 760 So. 2d 298, 299 (Fla. 4th DCA 2000); O’Bryan v. State, 692 So. 2d 290, 290-91 (Fla.…
• Cogbill v. State, 940 So. 2d 537 (Fla. 1st DCA 2006)
  …that where an offense can be committed in more than one way, instructing the jury on an alternate theory not charged in the information constitutes fundamental error. See, e.g., Eaton v. State, 908 So. 2d 1164 (Fla. 1st DCA 2005); Griffis v. State, 848 So. 2d 422 (Fla. 1st DCA 2008). He further relies on authorities holding that despite the absence of a timely objection by trial counsel, appellate counsel will be deemed ineffective for failing to raise an issue of this sort. See Rogers v. State, 935 So. 2d 6…

Authorities Cited

• Donnie Young v. State, 803 So. 2d 880 (Fla. 5th DCA 2002)
• Kranis v. C. Gary Zahler, M.D., 505 So. 2d 14 (Fla. 3d DCA 1987)
• B.H. v. State, 505 So. 2d 14 (Fla. 3d DCA 1987)