GARY DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rosen v. State, 940 So. 2d 1155 (Fla. 5th DCA 2006)
  …en the conduct occurred. The jury heard her testify to her date of birth, which was uncontroverted. Under these circumstances, the omission of two elements in the instructions relating to A.H. does not establish fundamental error. See Lane v. State, 867 So. 2d 539, 540 (Fla. 1st DCA 2004) (affirming where one element was undisputed and the omission of the other did not undermine the validity of the trial). Neither omission concerned a disputed element or reached “down into the validity of the trial itself to…
• Stuckey v. State, 972 So. 2d 918 (Fla. 5th DCA 2007)
  …fense is that the proscribed resistance to reasonable efforts of the merchant to recover the merchandise occurs “while” or “after” the defendant commits a theft of the merchant’s property. See § 812.015(6), Fla. Stat. (2004); see also Lane v. State, 867 So. 2d 539, 541 (Fla. 1st DCA 2004). Both the statute governing the resisting a merchant offense and the case law make clear that a defendant can be prosecuted and convicted of both resisting a merchant and the associated petit theft offense without offending…
• Polite v. State, 933 So. 2d 587 (Fla. 3d DCA 2006)
  …degree, punishable as provided in s. 775.082 or s. 775.083, unless the individual did not know, or did not have reason to know, that the person seeking to recover the property was a law enforcement officer .... (Emphasis added). See Lane v. State, 867 So. 2d 539 (Fla. 1st DCA 2004)(state must prove that the defendant knew or had reason to know that person the defendant resisted was merchant). . Alaska Stat. § 11.56.700 (2005)("knowing that a peace officer is making an arrest”); Ariz.Rev.Stat. Ann. § 13-250…