ANTONIO GARRETT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
We initially accepted discretionary review of the decision in Garrett v. State, 148 So.3d 466 (Fla. 1st DCA 2014). Upon further consideration, we exercise our discretion and discharge jurisdiction. Accordingly, we hereby dismiss this review proceeding,
It is so ordered.
No motion for rehearing will be entertained by'the Court. See Fla, R.App. P. 9.330(d)(2).
LABARGA, C.J., and LEWIS, CANADY, POLSTON, and PERRY, JJ., concur.
PARIENTE, J., dissents with an opinion, in which QUINCE, J., concurs.
dissenting,
I would not discharge jurisdiction because there is conflict with Dorsey v. State, 149 So.3d 144 (Fla. 4th DCA 2014) and Rios v. State, 143 So.3d 1167 (Fla. 4th DCA 2014). Instead, I would resolve the conflict and hold that the jury instruction given on justifiable use of deadly force was fundamentally erroneous, and because ineffectiveness of counsel appears on the face of the record, I would quash the decision in Garrett v. State, 148 So.3d 466 (Fla. 1st DCA 2014), consistent with the approach of the Second District in Dooley v. State, — So.3d-, 41 Fla. L. Weekly D992, 2016 WL 1602968 (Fla. 2d DCA Apr. 22, 2016).
QUINCE, J., concurs.
PARIENTE, J,,
dissenting,
I would not discharge jurisdiction because there is conflict with Dorsey v. State, 149 So. 3d 144 (Fla. 4th DCA 2014) and Rios v. State, 143 So. 3d 1167 (Fla. 4th DCA 2014). Instead, I would resolve the conflict and hold that the jury instruction given on justifiable use of deadly force was fundamentally erroneous, and because ineffectiveness of counsel appears on the face of the record, I would quash the decision in Garrett v. State, 148 So. 3d 466 (Fla. 1st DCA 2014), consistent with the approach of the Second District in Dooley v. State, — So. 3d-, 41 Fla. L. Weekly D992, 2016 WL 1602968 (Fla. 2d DCA Apr. 22, 2016).
QUINCE, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Andujar-Ruiz v. State, 205 So. 3d 803 (Fla. 2d DCA 2016)…dicial to the defendant.” Garrett v. State, 148 So. 3d 466, 469 (Fla. 1st DCA 2014) (quoting Smith v. State, 76 So. 3d 379, 383 (Fla. 1st DCA 2011), and Carter v. State, 469 So. 2d 194, 196 (Fla. 2d DCA 1985), [*808] respectively), review dismissed, 192 So. 3d 470 (Fla.2016). Here, Andujar-Ruiz testified in his own defense, but the fact that he was a convicted felon and “not supposed to have a gun, period,” was emphasized to the jury during cross-examination. The trial court then instructed the jury that Andu…1 / 2
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Dooley v. State, 206 So. 3d 87 (Fla. 2d DCA 2016)…he effect of the erroneous instruction in the context of the other instructions given, the evidence adduced in the case, and the arguments and trial strategies of counsel.” Garrett v. State, 148 So. 3d 466, 469 (Fla. 1st DCA 2014), review dismissed, 192 So. 3d 470 (Fla.2016) (quoting Smith v. State, 76 So. 3d 379, 383 (Fla. 1st DCA 2011)). Only from that vantage point can this court determine that the allegedly erroneous instructions rendered Dooley’s trial fundamentally unfair. Consequently, we grant Dooley…
Authorities Cited
- Garrett v. State, 148 So. 3d 466 (Fla. 1st DCA 2014)
- Dorsey v. State, 149 So. 3d 144 (Fla. 4th DCA 2014)
- Rios v. State, 143 So. 3d 1167 (Fla. 4th DCA 2014)