LEON BULLARD
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-04-05
No. 14-2076
238 So. 3d 1291 Florida District Court of Appeal, First District (2018) Positive Treatment
Cited by 3 cases

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Holding

The evidence was insufficient to support a conviction for aggravated battery with a firearm because the record could not establish a second discharge of the firearm.


Headnotes

[1] Evidence is insufficient to support conviction for aggravated battery with a firearm when the record does not establish a second discharge of the firearm as required by l…

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Facts & Procedural History

Leon Bullard was convicted of aggravated battery with a firearm in Duval County Circuit Court. The appellate court's prior opinion from July 2015 dete…

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Opinion of the Court

Our prior opinion of July 14, 2015, was quashed by the Florida Supreme Court “for reconsideration in light of our decisions in Walton v. State, 208 So. 3d 60 (Fla. 2016), and Williams v. State, 186 So. 3d 989 (Fla. 2016).” Bullard v. State, 2017 WL 2302327 (Fla. May 26, 2017). Upon reconsideration, we reverse with direction to grant Appellant a new trial, as mandated by Roberts v. State, 2018 WL 1100825 (Fla. Mar. 1, 2018), and Walton.

We need not address Williams in light of our decision granting a new trial, but as requested by Appellant, we note our

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prior opinion held that Appellant could not be convicted of aggravated battery with a firearm, as we determined that the evidence could not support a finding of a second discharge of the firearm. Bullard v. State, 168 So. 3d 346 (Fla. 1st DCA 2015), rev. granted, 2017 WL 2302327 (Fla. May 26, 2017).

REVERSED and REMANDED for new trial.

B.L. THOMAS, C.J., and KELSEY and JAY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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Citator

Cited By

  • Bullard v. State, 238 So. 3d 1291 (Fla. 1st DCA 2018)
    …CURIAM. Our prior opinion of July 14, 2015, was quashed by the Florida Supreme Court “for reconsideration in light of our decisions in Walton v. State, 208 So. 3d 60 (Fla. 2016), and Williams v. State, 186 So. 3d 989 (Fla. 2016).” Bullard v. State, 2017 WL 2302327 (Fla. May 26, 2017). Upon reconsideration, we reverse with direction to grant Appellant a new trial, as mandated by Roberts v. State, 2018 WL 1100825 (Fla. Mar. 1, 2018), and Walton. We need not address Williams in light of our decision granting a…
    1 / 2

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