THOMAS EDWARD FULLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CANADY, Judge.
Thomas Edward Fuller appeals his judgment and sentence for aggravated assault with a deadly weapon. We affirm the denial of Fuller’s motion for judgment of acquittal without comment. We conclude, however, that the jury instructions were — as the State concedes — fundamentally erroneous because they improperly “permitted the jury to convict [the defendant] of aggravated assault[, see § 784.021, Fla. Stat. (2004),] if one alleged victim was threatened while the other [alleged victim] had a well-founded fear of violence.” Miller v. State, 918 So. 2d 415, 416-17 (Fla. 2d DCA 2006); see also Tindle v. State, 832 So. 2d 966, 967 (Fla. 5th DCA 2002); James v. State, 706 So. 2d 64, 65 (Fla. 5th DCA 1998). We therefore reverse and remand for a new trial.
Reversed and remanded.
FULMER, C.J., and WHATLEY, J., Concur.
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Bryant v. State, 30 So. 3d 591 (Fla. 2d DCA 2010)…011, Fla. Stat. (2003)). The jury instructions improperly permitted the jury to convict Miller “of aggravated assault if one alleged victim was threatened while the other had a well-founded fear of violence.” Id. at 416-17; see also Fuller v. State, 942 So. 2d 1039 (Fla. 2d DCA 2006) (reversing fundamentally erroneous jury instructions on a judgment and sentence for aggravated assault with a deadly weapon in accordance with Miller). Other district courts have reached similar conclusions in aggravated assault…
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Zairon Jarquis Fussell v. State, 154 So. 3d 1233 (Fla. 1st DCA 2015)…. State, 121 So. 3d 643, 648-49 (Fla. 4th DCA 2013) (cautioning “the State and trial judges about the use of ‘and/or’ in informa-tions and jury instructions” because such use “may create the possibility for non-unanimous verdicts”); Fuller v. State, 942 So. 2d 1039, 1039 (Fla. 2d DCA 2006) (concluding the jury instructions were “fundamentally erroneous because they improperly ‘permitted the jury to convict [the defendant] of aggravated assault if one alleged victim was threatened while the other [alleged victi…
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In re Forfeiture OF: 1994 Ford Explorer v. Grantland, 203 So. 3d 992 (Fla. 2d DCA 2016)…rfeiture of $171,900 in U.S. Currency, 711 So. 2d 1269, [*994] 1274 n. 8 (Fla. 3d DCA 1998)). The required showing is something “less than a prima facie case, but more than a mere suspicion.” In re Forfeiture of Seven Thousand Dollars U.S. Currency, 942 So. 2d 1039, 1042 (Fla. 2d DCA 2006). We review the trial court’s application of the probable cause standard to the facts de novo. Id. We conclude that the complaint and verifying affidavits were sufficient to show probable cause that the vehicle was used to t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henderson James v. State, 706 So. 2d 64 (Fla. 5th DCA 1998)
- Miller v. State, 918 So. 2d 415 (Fla. 2d DCA 2006)
- Shirley v. State, 832 So. 2d 966 (Fla. 2d DCA 2002)
- Tindle v. State, 832 So. 2d 966 (Fla. 5th DCA 2002)