FRANK CLEMONS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Sigler, 967 So. 2d 835 (Fla. 2007)
  …QUINCE, J. We have on appeal a decision from the Fourth District Court of Appeal declaring invalid a state statute. Sigler v. State, 881 So. 2d 14 (Fla. 4th DCA 2004). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm the district court’s determination that application of section 924.34, Florida Statutes (2001), in this instance, is contrary to the…

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• Michelson v. State, 927 So. 2d 890 (Fla. 4th DCA 2005)
  …l elements of that crime were proven is a manifest injustice, requiring review and consideration. Having crossed that threshold, we now address the substantive argument raised by appellant. We look to this court’s recent opinion in Sigler v. State, 881 So. 2d 14 (Fla. 4th DCA 2004) (Sigler II) as controlling. Sigler and Michelson were accomplices in the underlying escape. Michelson was the driver and Sigler was the passenger in the vehicle that ran the stop sign and ultimately resulted in the tragic and sen…
• Jones v. State, 885 So. 2d 466 (Fla. 4th DCA 2004)
  …ot involve physical force or the use of violence. Thus, section 924.34 can be applied in this case without creating any Sixth Amendment concerns under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See Sigler v. State, 881 So. 2d 14, 20 (Fla. 4th DCA 2004)(finding section 924.34 unconstitutional in circumstances where “the previous jury determination cannot be deemed to have necessarily found defendant guilty as to every element” of the lesser included offense).…