ROBERT LITTLE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Kervin v. State, 195 So. 3d 1181 (Fla. 1st DCA 2016)
  …of the statute, we agree with the Second District that the 2012 version of section 828.12(2) already included a person’s failure to act. See Brown, 166 So. 3d at 821 (citing State v. Morival, 75 So. 3d 810, 812 (Fla. 2d DCA 2011) and Hynes v. State, 1 So. 3d 328, 330-31 (Fla. 5th DCA 2009) (Griffin, J., specially concurring)). Further, even absent the decision in Brown, the Florida Supreme Court has" held that in a criminal context, an act of omission may constitute an “act.” Nicholson v. State, 600 So. 2d…
• State v. Evens Morival, 75 So. 3d 810 (Fla. 2d DCA 2011)
  …on is whether all undernourishment cases fall within the misdemeanor or whether the State can properly charge the felony in severe cases of undernourishment. There does not appear to be any case law directly resolving this issue. In Hynes v. State, 1 So. 3d 328 (Fla. 5th DCA 2009), Judge Griffin wrote a special concurrence in a case that affirmed the lower court without a written opinion. She explained: Despite the trial court’s expressed difficulty with the construction of this statute, the statutory sch…
• Brown v. State, 166 So. 3d 817 (Fla. 2d DCA 2015)
  …s not feed a dog or feeds a dog so little that it suffers malnutrition over an extended period such that the animal loses a high percentage of its normal body weight [a felony under section 828.12(2) ]. Id. at 812. Additionally, in Hynes v. State, 1 So. 3d 328, 329 (Fla. 5th DCA 2009), the special concurrence explained that the trial court’s conclusion that a defendant could not be convicted of a felony under section 828.12(2) for an omission was “dangerously wrong”: Despite the trial court’s expressed d…