RANDALL WHITFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-12-27
No. 5D11-4372
ORFINGER, C.J., GRIFFIN and MONACO, JJ., concur.
76 So. 3d 1080 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011).

ORFINGER, C.J., GRIFFIN and MONACO, JJ., concur.


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  • Figueroa v. State, 84 So. 3d 1158 (Fla. 2d DCA 2012)
    …t may not be convicted of a crime that has not been charged by the state.”); Price v. State, 995 So. 2d 401, 404 (Fla.2008) (reiterating that the failure to allege an essential element of a crime may be raised in a habeas petition); Harris v. State, 76 So. 3d 1080, 1081 (Fla. 2d DCA 2011) (stating that it is a denial of due process to convict a defendant of an uncharged crime); Pena v. State, 829 So. 2d 289, 292 n. 1 (Fla. 2d DCA 2002) (“[T]he failure to allege an essential element of an offense in the chargi…
  • Ortiz v. State, 192 So. 3d 517 (Fla. 2d DCA 2016)
  • Facundo v. State (Fla. 2d DCA 2025)

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