FABRICIO GOMEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Howard v. State, 245 So. 3d 962 (Fla. 1st DCA 2018)
  …n light of absence of element of force as such aggravated battery with intent to kill is not a qualifying offense. See McCoy v. State, 942 So. 2d 919 (Fla. 2d DCA 2006). 4 sufficient to overcome victim's resistance in Georgia's offense); Alix v. State, 799 So. 2d 359 (Fla. 3d DCA 2001) (holding that a defendant could not be sentenced as a habitual violent felony offender based upon defe…
• Smith v. State, 973 So. 2d 1209 (Fla. 2d DCA 2008)
  …gly, while we affirm Smith’s other convictions and sentences, we reverse Smith’s attempted felony murder conviction and sentence and remand with directions to the trial court to vacate that conviction in accord with this opinion. See McCoy v. State, 942 So. 2d 919, 920 (Fla. 2d DCA 2006). Affirmed in part and reversed in part. ALTENBERND and STRINGER, JJ., Concur.…
• Donaldson v. State, 41 So. 3d 332 (Fla. 1st DCA 2010)
  …t with a deadly weapon. § 775.084(l)(b)(l)(g), Fla. Stat. (2000). At sentencing, in order to support a habitual felony violent offender sentence, the state must show that the aggravated assault was committed with a deadly weapon. See McCoy v. State, 942 So. 2d 919 (Fla. 2d DCA 2006). The postconviction court has failed to attach any records refuting the appellant’s claim that his prior offense of aggravated assault on a law enforcement officer does not qualify for a habitualized sentence. Accordingly, we re…

Authorities Cited

• State v. Paul, 934 So. 2d 1167 (Fla. 2006)