WILLIE SULLIVAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-09, 122 So. 3d 263 (Fla. 2013)
  …ts For the crime of robbery, a jury can convict of two lesser-included ' offenses such as 1) theft and assault or 2) theft and resisting a merchant in appropriate cases. See Spencer v. State, 71 So. 3d 901 (Fla. 1st DCA 2011), and Stuckey v. State, 972 So. 2d 918 (Fla. 5th DCA 2007). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1989 [543 So. 2d 1205], 1995 [665 So. 2d 212], and 2008 [982 So. 2d 1160], and 2013. 15.2 CARJACKING § 812.133, Fla. Stat. To prove the crime of Carj…
• Gordon v. State, 219 So. 3d 189 (Fla. 3d DCA 2017)
  …no discretion and was required to instruct the jury on the compound offense and provide a verdict form that permitted the jury to find Gordon guilty of theft and assault (or theft and battery). Gordon bases his argument in part on Stuckey v. State, 972 So. 2d 918 (Fla. 5th DCA 2007). In Stuckey, the Fifth District noted that a compound offense exists when “two lesser offenses are merged factually and in legal contemplation into the one greater offense.” Id. at 921 (quoting Foster v. State, 596 So. 2d 1099, 1…

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• Spencer v. State, 71 So. 3d 901 (Fla. 1st DCA 2011)
  …offense and all the appropriate lesser-included offenses, "[t]he jury then must be further instructed that it can convict of either the greater offense or one or more of the lesser included offenses ....”) (emphasis added); and see Stuckey v. State, 972 So. 2d 918, 921 (Fla. 5th DCA 2007) (concluding that defendant who was charged with and prosecuted for robbery could be convicted of both lesser-included crimes of petit theft and resisting a merchant). . We have no doubt the trial court in good faith exercis…

Authorities Cited

• Grice v. State, 967 So. 2d 957 (Fla. 1st DCA 2007)