KEITH ALLEN HARVEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Kendrick C. Silver v. State, 149 So. 3d 54 (Fla. 4th DCA 2014)
  …hat the failure of the trial court to give a lesser-included offense instruction (in that case, the omitted instruction also was “attempted manslaughter”) was not fundamental error, as the defendant failed to request the instruction. Cosme v. State, 89 So. 3d 1096, 1097 (Fla. 4th DCA 2012). Cosme cited to Gomez v. State, 5 So. 3d 700, 702 (Fla. 5th DCA 2009), for the proposition that, “[w]hen there is no timely request made by the defendant, a trial court’s failure to instruct on a neeessarily-lesser included…
• Roberts v. State, 168 So. 3d 252 (Fla. 1st DCA 2015)
  …ound the failure to instruct on manslaughter or attempted manslaughter as a necessarily lesser-included offense one step removed is not fundamental error, and instead counsel must preserve the issue by requesting the instruction. See Cosme v. State, 89 So. 3d 1096, 1097 (Fla. 4th DCA 2012) (failure to instruct on attempted voluntary manslaughter as a necessarily lesser-included offense one step removed was not fundamental error where counsel failed to request the instruction); Firsher v. State, 834 So. 2d 921…
• Cosme v. State, 232 So. 3d 8 (Fla. 4th DCA 2017)
  …lation and his probation was revoked. ⅛ Cosme was initially sentenced to life in prison in all three cases. In two separate appeals, we reversed and remanded for resentencing. Cosme v. State, 111 So. 3d 280, 282 (Fla. 4th DCA 2013); Cosme v. State, 89 So. 3d 1096, 1097-98 (Fla. 4th DCA 2012). Cosme was resentenced to thirty years in all three cases. In this timely rule 3.850 motion, Cosme claimed trial counsel failed to convey a global plea offer of fifteen years in prison. Counsel told Cosme about the offe…