DARRYL LEWIS DAVIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida appellate court granted habeas corpus petition where juries convicted defendant of robbery with a firearm but made special findings he did not possess a firearm, creating an inconsistent verdict that constituted manifest injustice.
Robbery with a deadly weapon cannot be listed as a lesser-included offense when the defendant is charged solely with robbery with a firearm, and verdicts finding guilt of robbery with a deadly weapon while denying firearm possession are internally inconsistent and require correction.
[1] Robbery with a deadly weapon cannot be submitted as a lesser-included offense when the charging information alleges only robbery with a firearm.
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Join FLexlaw to unlock all legal intelligenceDavis was charged in two cases with robbery with a firearm. The informations and trial evidence alleged only firearm use. Separate juries convicted Da…
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Darryl Lewis Davis petitions this court for writ of habeas corpus regarding his convictions and life sentences in two cases. Davis was charged in both cases with robbery with a firearm. Neither the' informa-tions nor the evidence presented in Davis’s trials alleged that he used any'weapon other than a firearm. Sepárate juries found Davis guilty of robbery with a deadly weapon but made special findings that he did not possess a firearm during the commission of the crimes.
We hold that it was error to list robbery with a deadly weapon as a lesser-included offense on the verdict forms in these cases. See Growden v. State, 372 So.2d 930, 931 (Fla.1979); Stephens v. State, 396 So.2d 741, 742 (Fla. 5th DOA 1981); Deleon v. State, 66 So.3d 391, 394-95 (Fla. 2d DCA 2011). Furthermore, the verdicts and special findings were inconsistent. See Starling v. State, 152 So.3d 868, 868 (Fla. 1st DCA 2014); Nettles v. State, 112 So.3d 782, 783 (Fla. 1st DCA 2013). Failure to correct Davis’s convictions, which resulted in consecutive life sentences, would constitute a manifest injustice.
Accordingly, we grant Davis’s petitions for writ of habeas corpus and remand for entry of corrected judgments that adjudicate him guilty of robbery with a weapon and resentencing according to a revised Criminal Punishment Code scoresheet.
PETITIONS GRANTED.
SAWAYA, ORFINGER and EDWARDS, JJ., concur.
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Davis v. State, 235 So. 3d 320 (Fla. 2018)…on to robbery with a weapon after explaining that Davis’s juries found that he • did not possess the only weapon alleged in the information—a firearm—and that no evidence was presented that Davis used any weapon other than a firearm. Davis v. State, 197 So. 3d 615, 615 (Fla. 5th DCA 2016); Davis v. State, 197 So. 3d 615, 616 (Fla. 5th DCA 2016). We accepted jurisdiction because the Fifth District’s decisions expressly and directly conflict with the First District Court of Appeal’s decision in Starling v. Stat…1 / 2
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Davis v. State (Fla. 2018)
Authorities Cited
- Growden v. State, 372 So. 2d 930 (Fla. 1979)
- Deleon v. State, 66 So. 3d 391 (Fla. 2d DCA 2011)
- Starling v. State, 152 So. 3d 868 (Fla. 1st DCA 2014)
- Nettles v. State, 112 So. 3d 782 (Fla. 1st DCA 2013)
- Stephens v. State, 396 So. 2d 741 (Fla. 5th DCA 1981)