ERIC DIAZ GONZALEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERIC DIAZ GONZALEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
65 So. 3d 599
Florida District Court of Appeal, Fourth District (2011)
Caution
Cited by 6 cases
Opinion of the Court
Affirmed. See Eugene v. State, 53 So.3d 1104 (Fla. 4th DCA 2011).
MAY, C.J., WARNER and POLEN, JJ., concur.
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Montrell L. Johnson v. State, 149 So. 3d 727 (Fla. 5th DCA 2014)…ment to LAQUSHIA POLLARD, contrary to Florida [*729] Statutes 784.045(l)(a)(l)(2) and 775.087(2)(a)(3). (1 DEG FEL) . We do not address a situation when both a reclassification and a minimum mandatory apply. . Johnson’s reliance on Brady v. State, 65 So. 3d 599 (Fla. 5th DCA 2011), is misplaced. Brady dealt with a crime that occurred in 1995, before the enactment of the 10-20-Life statute on July 1, 1999. Hence, Brady does' not consider the interplay of the statutes at issue here.…
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Jarrell Ladundrea Lathan v. State, 218 So. 3d 510 (Fla. 5th DCA 2017)…degree felony was improper because the trial court instructed the jury on both the use-of-deadly-weapon and great-bodily-harm forms of aggravated battery but the jury returned a general verdict. The State properly concedes error. See Brady v. State, 65 So. 3d 599, 602 (Fla. 5th DCA 2011) (holding that reclassification was not proper where the trial court instructed the jury on both forms of aggravated battery and the jury returned a verdict of guilty as charged). Accordingly, the judgment and sentence enter…
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Jarrell L. Lathan v. State, 270 So. 3d 1262 (Fla. 5th DCA 2019)
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- Eugene v. State, 53 So. 3d 1104 (Fla. 4th DCA 2011)