JUSTIN D. JACKSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Middleton v. State, 41 So. 3d 357 (Fla. 1st DCA 2010)
  …. 2d 966 (Ala.2007) (holding state could not retry defendant who was convicted of lesser-included offense where retrial mandated by jury instruction error which did not constitute “structural defect” nullifying original verdict), and Moody v. State, 931 So. 2d 177 (Fla. 2d DCA 2006) (trial court not permitted under double jeopardy prohibition and Fla. R.Crim. P. 3.640(a) to retry defendant on greater charge where jury returned verdict for lesser-included offense and appellate court ruled “jury taint” required…
• Middleton v. State, 131 So. 3d 815 (Fla. 1st DCA 2014)
  …preme Court in State v. Langley, 958 So. 2d 1160, 1169 (La.2007). It also has been rejected by the Alabama Supreme Court in Ex parte Gillentine, 980 So. 2d 966 (Ala.2007), and our sister court, the Second District Court of Appeal, in Moody v. State, 931 So. 2d 177 (Fla. 2d DCA 2006). As the Alabama Supreme Court has noted, the concept of “structural error” was developed to determine whether an error is subject to a harmless error analysis, not whether an acquittal is valid for double jeopardy purposes. Gillen…
• Clinton v. State, 970 So. 2d 412 (Fla. 4th DCA 2007)
  …essary element for conviction on another count.” Gonzalez v. State, 440 So. 2d 514, 515 (Fla. 4th DCA 1983); Hill v. State, 839 So. 2d 865 (Fla. 4th DCA 2003). Only “[v]erdicts that are inconsistent in this way ‘require acquittal.’ ” Moody v. State, 931 So. 2d 177, 183 (Fla. 2d DCA 2006) (citation and emphasis omitted). Finally, we find no error in the failure of the court reporter to record several sidebar conferences. The defects in the record were “inconsequential inaccuracies or omissions” insufficient t…

Authorities Cited

• Colon v. Showtime Child's. Dance Studios, Inc., 766 So. 2d 459 (Fla. 5th DCA 2000)