RONALD EDMUNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD EDMUNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
927 So. 2d 204
Florida District Court of Appeal, Fifth District (2006)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See State v. Espinosa, 686 So. 2d 1345, 1348-49 (Fla.1996) (holding a defendant who requests an instruction on a lesser-included offense cannot contest the sufficiency of the evidence on the lesser-included offense when sufficient evidence exists to convict the defendant for the greater offense).
THOMPSON, GRIFFIN and ORFINGER, JJ., concur.
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Fla. Dep't OF Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009)…of Children & Family Services, 976 So. 2d 41 (Fla. 3d DCA 2008), and R.H. v. Department of Children & Family Services, 860 So. 2d 986 (Fla. 3d DCA 2003), and the Fifth District Court of Appeal’s opinion in Department of Children & Families v. A.S., 927 So. 2d 204 (Fla. 5th DCA 2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. As explained below, we agree with the Second District’s resolution of the conflict issue, but we disapprove of a portion of its reasoning. Accordingly, we quash its decisi…1 / 2
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The Just. Admin. Comm'n v. Berry, 5 So. 3d 696 (Fla. 3d DCA 2009)…ee R.H. v. Dep’t. of Children & Family Servs., 860 So. 2d 986, 988 (Fla. 3d DCA 2003). The effect of an “implied, presumed or constructive consent” under paragraph 39.801(3)(d) has been analyzed in detail in Department of Children & Families v. AS., 927 So. 2d 204 (Fla. 5th DCA 2006). That analysis concluded squarely, and we agree, that “consent under section 39.801(3)(d) does not end the judicial labor of the trial court; it must then proceed to receive evidence to support the grounds alleged in the petition…
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S.S. v. State, 976 So. 2d 41 (Fla. 3d DCA 2008)…e R.H. v. Dep’t. of Children & Family Servs., 860 So. 2d 986, 988 (Fla. 3d DCA 2003). The effect of an “implied, presumed or constructive consent” under paragraph 39.801(3)(d) has been analyzed in detail in Department of Children & Families v. A.S., 927 So. 2d 204 (Fla. 5th DCA 2006). That analysis concluded squarely, and we agree, that “consent under section 39.801(3)(d) does not end the judicial labor of the trial court; it must then proceed to receive evidence to support the grounds alleged in the petition…
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- State v. Espinosa, 686 So. 2d 1345 (Fla. 1996)