JULIUS WRIGHT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Weaver, 957 So. 2d 586 (Fla. 2007)
  …ry on a law enforcement officer and ‘intentional touching’ battery on a law enforcement officer when the information charged only one form of the crime and no evidence was presented nor argument made regarding the alternative form?” Weaver v. State, 916 So. 2d 895, 898-99 (Fla. 2d DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons explained below, we answer “no” to the certified question and therefore quash the district court’s decision. I. FACTS AND PROCEDURAL HISTORY The c…
• Aniceto Jaimes v. State, 51 So. 3d 445 (Fla. 2010)
  …trial will not bar its consideration and correction on appeal. In denying relief on this claim, the district court relied on this Court’s decision in Weaver, 957 So. 2d 586, which quashed the prior holding of the Second District in Weaver v. State, 916 So. 2d 895 (Fla. 2d DCA 2005). Although the underlying facts of Weaver are similar to those presented here, we find that the Second District misapplied this Court’s decision in holding that the instruction in this case was not fundamental error. In Weaver, the…
• Sanders v. State, 959 So. 2d 1232 (Fla. 2d DCA 2007)
  …Id. This court reached a similar result in Dixon v. State, 823 So. 2d 792, 794 (Fla. 2d DCA 2001), disapproved in part by Weaver, $57 So. 2d 586, wherein we reversed Dixon’s convictions for battery on a law enforcement officer. In Weaver v. State, 916 So. 2d 895, 898 (Fla. 2d DCA 2005), quashed, 957 So. 2d 586, this court reversed Weaver’s conviction for battery on a law enforcement officer because the trial court fundamentally erred in instructing the jury on an uncharged alternate theory of the offense wh…