DOUGLAS MONTGOMERY LLOYD, PETITIONER,
v.
JAMES V. CROSBY, JR., SEC. FL DEPT. OF CORR., ETC., RESPONDENTS
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Douglas Lloyd, a co-defendant with Gregory Dorsett, sought habeas corpus relief based on a jury instruction error involving an ambiguous 'and/or' conjunction in robbery and false imprisonment charges. Although the court had found fundamental error in Dorsett's case, it denied Lloyd's petition because the material differences between their roles and the evidence against each defendant rendered the instructional error harmless as to Lloyd.
Although the trial court erred in using an 'and/or' conjunction in jury instructions that could confusingly imply either defendant could be convicted solely on the other's conduct, the error was harmless as to Lloyd because the evidence of his role as an armed gunman was sufficiently distinct from Dorsett's role as getaway driver that nothing Dorsett did could have resulted in Lloyd's wrongful conviction.
[1] A jury instruction that uses the "and/or" conjunction in defining offenses may constitute fundamental error by implying that a defendant can be convicted based solely on…
[2] A prior ruling on a co-defendant's petition for a writ of habeas corpus does not automatically entitle another defendant to relief if there is a material distinction betw…
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Join FLexlaw to unlock all legal intelligence“the court's jury instructions on robbery and false imprisonment resulted in fundamental error through the use of the "and/or" conjunction, which confusingly and incorrectly implied that either defendant could be convicted solely upon a finding that the other defendant's conduct satisfied the elements of the offenses”
Establishes the nature of the fundamental error that was found in the co-defendant's case and the basis for Lloyd's petition
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Join FLexlaw to unlock all legal intelligenceLloyd and Dorsett were tried together for robbery and false imprisonment. Lloyd was allegedly one of three armed gunmen who held up the victims, while…
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CORTIÑAS, Judge.
Petitioner seeks a writ of habeas corpus based on our holding in Dorsett v. McRay, 901 So. 2d 225 (Fla. 3d DCA 2005). The petitioner, Douglas Montgomery Lloyd, was a co-defendant with Gregory Dorsett and both were tried together. In considering Dorsett’s petition for a writ of habe-as corpus, we determined that the court’s jury instructions on robbery and false imprisonment resulted in fundamental error through the use of the “and/or” conjunction, which confusingly and incorrectly implied that either defendant could be convicted solely upon a finding that the other defendant’s conduct satisfied the elements of the offenses. Dorsett, 901 So. 2d at 226.
Had there been no material distinction between the cases of Gregory Dorsett and Douglas Montgomery Lloyd, we would certainly grant the relief sought, vacate the remaining convictions, and grant a new trial.
However, in reviewing this case for fundamental error, we find that there exists a material distinction between the cases of Dorsett and Lloyd. Lloyd was allegedly one of the three armed gunmen that held up the victims in this case while Dorsett was allegedly the getaway driver. Dorsett was previously employed by the victims and, as a result, would have certainly been recognizable to the victims. After a careful review of the trial record, we find that there is nothing that Dorsett did or could have done which would have resulted in the wrongful conviction of Lloyd as a result of the improper “and/or” conjunction. As such, the trial court’s error in giving a jury instruction on robbery and false imprisonment with an “and/or” conjunction was harmless as to Lloyd.
Accordingly, we deny the petition.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zamir Garzon v. State, 980 So. 2d 1038 (Fla. 2008)…DCA 2005) (use of “and/or” with principals instruction); Dorsett v. McRay, 901 So. 2d 225 (Fla. 3d DCA 2005) (failure to assert on appeal that use of "and/or” was fundamental error held ineffective assistance of appellate counsel); Lloyd v. Crosby, 917 So. 2d 988 (Fla. 3d DCA 2005) (codefendant to Dorsett); Cabrera, 890 So. 2d 506 (use of "and/or” in conspiracy charges); Rios v. State, 905 So. 2d 931 (Fla. 2d DCA 2005) (codefendant to Cabrera); Gaskin v. State, 869 So. 2d 646 (Fla. 3d DCA 2004) (use of “and/…
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Zamir Garzon and Ray C. Balthazar v. State, 939 So. 2d 278 (Fla. 4th DCA 2006)…ruction is fundamental error, where there is a principals instruction, the third district considers the facts, which I think is the correct approach. It did so in the cases of Dorsett v. McRay, 901 So. 2d 225 (Fla. 3d DCA 2005), and Lloyd v. Crosby, 917 So. 2d 988 (Fla. 3d DCA 2005), in which the defendants were both involved in the same armed robbery and were tried together. Dorsett was the “wheel man,” who was convicted as a principal, in an armed robbery carried out by Lloyd and others. The third district…
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Salas v. State, 972 So. 2d 941 (Fla. 5th DCA 2007)…and/or” conjunction in a jury instruction, Casimir could not be found guilty of the crime unless he personally intended that murder be com [*951] mitted and conspired with at least one other person to carry out that intent. See also Lloyd v. Crosby, 917 So. 2d 988 (Fla. 3d DCA 2005) (finding no fundamental error in the use of the “and/or” conjunction when it is clear that the defendant’s conviction could not be based solely upon finding that another defendant’s conduct satisfied the elements of the offense).…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dorsett v. McRAY, 901 So. 2d 225 (Fla. 3d DCA 2005)