ERIC MARCELL YOUNG, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Young v. State, 141 So. 3d 161 (Fla. 2013)
  …n concurrently with the sentence that he was already serving for other unrelated crimes. Young appealed his convictions to the Fifth District Court of Appeal, which affirmed his convictions for burglary of a dwelling and carjacking. Young v. State, 73 So. 3d 825 (Fla. 5th DCA 2011). The Fifth District certified conflict with Munoz v. State, 937 So. 2d 686 (Fla. 2d DCA 2006) on the issue of whether Florida’s burglary statute requires a structure to be suitable for habitation, on the date of the offense, for…

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• D.J. v. State, 83 So. 3d 857 (Fla. 4th DCA 2011)
  …le was a common pocketknife, because it had “no weapon-like characteristics such as a hilt guard, notched combat-style grip, double-edged blade, or switchblade; furthermore, it was not carried in an open and locked position.” Also, in C.R. v. State, 73 So. 3d 825 (Fla. 4th DCA 2011), we determined that a knife with a blade of less than four inches that included features such as a belt clip, a knob to open the blade, a locking mechanism, and a textured handle was not distinctive enough to be distinguishable f…
• H.R. v. State (Fla. 3d DCA 2020)
  …e building was, in fact, a dwelling, and asserted reversal was mandated because it was fundamental error for the trial court to deny his motion under these circumstances. Id. at 165. The Fifth District affirmed the conviction. See Young v. State, 73 So. 3d 825 (Fla. 5th DCA 2011). The Florida Supreme Court approved the Fifth District’s decision, and held that the fundamental error exception did not apply where there was evidence from which a jury could have concluded defendant committed at least the offe…

Authorities Cited

• Carter v. State, 937 So. 2d 686 (Fla. 1st DCA 2006)
• Munoz v. State, 937 So. 2d 686 (Fla. 2d DCA 2006)