GABRIEL GIRALDO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Perley v. State, 947 So. 2d 672 (Fla. 4th DCA 2007)
  …determined that the other incident constituted escape, rather than agreeing unanimously that the same incident constituted escape. “As a state constitutional matter, a criminal conviction requires a unanimous verdict in Florida.” Robinson v. State, 881 So. 2d 29, 30 (Fla. 1st DCA 2004). “Where a single count embraces two or more separate offenses, albeit in violation of the same statute, the jury cannot convict unless its verdict is unanimous as to at least one specific act.” Id. at 31. “Where it is reasona…
• Barnett v. State, 121 So. 3d 643 (Fla. 4th DCA 2013)
  …unanimous. Barnett contends the possibility the jury verdict was not unanimous constitutes fundamental error. In support of his argument, Barnett relies on our decision in Perley, which relied on the First District’s decision in Robinson v. State, 881 So. 2d 29 (Fla. 1st DCA 2004). Quoting from Robinson, we said in Perley: “As a state constitutional matter, a criminal conviction requires a unanimous verdict,” and “[wjhere a single count embraces two or more separate offenses, albeit in violation of the sam…
• Eliseo G. Saldana v. State, 980 So. 2d 1220 (Fla. 2d DCA 2008)
  …two or more separate offenses, albeit in violation of the same statute, the jury cannot convict unless its verdict is unanimous as to at least one specific act.’ ” Perley v. State, 947 So. 2d 672, 675 (Fla. 4th DCA 2007) (quoting Robinson v. State, 881 So. 2d 29, 30-31 (Fla. 1st DCA 2004)). In Perley, the State charged the defendant with one count of escape but presented evidence of two unrelated escape incidents. The Fourth District reversed the conviction, holding that the trial court “compromised the ju…

Authorities Cited

• Alphonso Alvarez v. State, 358 So. 2d 10 (Fla. 1978)
• Betts v. State, 792 So. 2d 589 (Fla. 1st DCA 2001)