CARL BARNETT HANSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The evidence presented in this case was legally insufficient to establish that the *289pursuing officer had “agency insignia and other jurisdictional markings prominently displayed on the vehicle” as required by section 316.1935(2), Florida Statutes (2010). See Slack v. State, 30 So.3d 684 (Fla. 1st DCA 2010); Gorsuch v. State, 797 So.2d 649 (Fla. 3d DCA 2001).
However, because the evidence was sufficient to support a conviction for the lesser included offense set forth in section 316.1935(1) and the jury necessarily found that the elements of such lesser offense were proven, we remand, pursuant to section 924.34, Florida Statutes (2010), for the trial court to enter a judgment of conviction for that offense. See Slack; Sanner v. State, 63 So.3d 934 (Fla. 4th DCA 2011); Erskine v. State, 23 So.3d 1207 (Fla. 3d DCA 2009).
REVERSED and REMANDED.
EVANDER and COHEN, JJ. and MONACO, D.A., Senior Judge, concur.
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Citator
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Spivey v. State, 100 So. 3d 1254 (Fla. 5th DCA 2012)…e program. The report concluded that Spivey was unlikely to engage in acts of exhibi-tionistic behavior if discharged in the community. This report is adequate to establish probable cause and to entitle Spivey to a trial. See also Williams v. State, 92 So. 3d 288 (Fla. 5th DCA 2012); Chukes v. State, 90 So. 3d 950 (Fla. 5th DCA 2012). REVERSED and REMANDED. SAWAYA and PALMER, JJ., concur.…
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Ellis v. State, 258 So. 3d 491 (Fla. 1st DCA 2018)
Authorities Cited
- Nestor Moise v. State, 797 So. 2d 649 (Fla. 3d DCA 2001)
- Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010)
- Erskine v. State, 23 So. 3d 1207 (Fla. 3d DCA 2009)
- Valda Bell v. State Farm Mut. Auto. Ins. Co., 30 So. 3d 684 (Fla. 4th DCA 2010)
- Sanner v. State, 63 So. 3d 934 (Fla. 4th DCA 2011)