TYREASE ROSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-10-22
No. 3D06-1240
Before GERSTEN, C.J., and COPE and SALTER, JJ.
994 So. 2d 412 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Sibley v. State, 955 So. 2d 1222 (Fla. 5th DCA 2007); State v. Pomper, 620 So. 2d 1098 (Fla. 4th DCA 1993).


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  • Mantilla v. State, 38 So. 3d 196 (Fla. 3d DCA 2010)
    …ould signify a definite meaning devoid of ambiguity.” Channell v. State, 107 So. 2d 284, 287 (Fla. 2d DCA 1958). “Where there is a critical deficiency in the verdict process, a court cannot infer or assume the jury’s interpretation.” Hills v. State, 994 So. 2d 412, 413 (Fla. 3d DCA 2008). Here, we cannot say with certainty, what the jury’s intention was for the jury found Mantilla both not guilty and guilty of the same charge. And, while either party might have recognized the error and sought to correct the v…

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