JAQUEZ TUIJAY SMITH
v.
STATE OF FLORIDA
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A defendant who has prior knowledge of a criminal plan, is present during the crime, and assists in the getaway by driving the perpetrator and stolen property away is a principal to the crime and may be convicted based on such evidence.
[1] A defendant who has prior knowledge of a criminal plan, is present at the scene of the crime, and assists in the perpetrator's escape by driving the perpetrator and stole…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[C]learly, the getaway driver who has prior knowledge of the criminal plan and is 'waiting to help the robbers escape' . . . [is] a principal”
Staten v. State, cited for the proposition that a getaway driver with knowledge of the plan is a principal to the crime
Jaquez Tuijay Smith was convicted in the Circuit Court for Volusia County. The evidence showed Smith's involvement in a crime through his presence, kn…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JAQUEZ TUIJAY SMITH, Appellant, v. Case No. 5D21-988 LT Case No. 2018-102266-CFDL STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 1, 2022 Appeal from the Circuit Court for Volusia County, Dawn D. Nichols, Judge. Tonya D. Cromartie, of The Law Office of Tonya D. Cromartie, P.A., Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2 AFFIRMED. See Bush v. State, 295 So. 3d 179, 184 (Fla. 2020) (abandoning special standard of appellate review previously applied in wholly circumstantial evidence cases); Staten v. State, 519 So. 2d 622, 624 (Fla. 1988) (holding that “[c]learly, the getaway driver who has prior knowledge of the criminal plan and is ‘waiting to help the robbers escape’ . . . [is] a principal” (citing Enmund v. State, 399 So. 2d 1362, 1370 (Fla. 1981))); Hill v. State, 958 So. 2d 549, 552 (Fla. 4th DCA 2007) (affirming the denial of a motion for judgment of acquittal based upon an insufficiency of the evidence argument where the defendant watched his companion commit a crime, waited for him to return to the vehicle, and then drove the companion and the stolen property away); Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (quoting Rivera v. State, 745 So. 2d 343, 345 (Fla. 4th DCA 1999))). LAMBERT, C.J., EVANDER and NARDELLA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Staten v. State, 519 So. 2d 622 (Fla. 1988)
- Bush v. State, 295 So. 3d 179 (Fla. 2020)
- Enmund v. State, 399 So. 2d 1362 (Fla. 1981)
- Rivera v. State, 745 So. 2d 343 (Fla. 4th DCA 1999)
- Hill v. State, 958 So. 2d 549 (Fla. 4th DCA 2007)
- Webb v. State, 124 So. 3d 257 (Fla. 1st DCA 2013)