BENJAMIN CURRY
v.
THE STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant tried separately from co-conspirators cannot use their conviction for a lesser offense as grounds to overturn a conviction for a greater offense.
[1] The rule of consistency, which applies when conspirators are tried together, does not extend to defendants tried separately, and a separately tried defendant may be convi…
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“a defendant tried separately from his co-conspirators is not entitled to raise the conviction of a co-conspirator for a lesser offense as a bar to his own conviction for a greater offense”
Eaton v. State, explaining the rule that separate trials negate consistency arguments
Benjamin Curry was convicted in a criminal trial in Miami-Dade County. His co-defendant received a conviction for a lesser degree of crime.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inconsistent Verdicts cases and more on FLexlaw
Opinion filed January 24, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0529 Lower Tribunal No. F14-24825A
________________
Benjamin Curry,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge. Clayton R. Kaeiser, P.A., and Clayton R. Kaeiser, for appellant. Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee. Before EMAS, HENDON and BOKOR, JJ. PER CURIAM. Affirmed. See Shere v. State, No. SC15-1604, 2016 WL 3450466, at *1 (Fla. June 23, 2016) (“Shere's argument that he cannot be convicted as principal under section 777.011, Florida Statutes, for first-degree murder because his codefendant was only convicted of second-degree murder is completely without merit. Shere has not pointed to any case law, language within the ‘principal in the first degree’ statute, or anything else to demonstrate his claim that section 777.011 requires his judgment to be revised once his codefendant is convicted of a lesser degree of crime.”); see also State v. Powell, 674 So. 2d 731, 733 (Fla. 1996) (ruling that the rule of consistency, which applies when conspirators are tried together, is not applicable in Florida except “when verdicts against one defendant on legally interlocking charges are truly inconsistent”); Eaton v. State, 438 So. 2d 822, 823 (Fla. 1983) (explaining that “a defendant tried separately from his coconspirators is not entitled to raise the conviction of a co-conspirator for a lesser offense as a bar to his own conviction for a greater offense”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Curry v. State (Fla. 3d DCA 2024)…PER CURIAM. Affirmed. See Shere v. State, No. SC15-1604, 2016 WL 3450466, at *1 (Fla. June 23, 2016) (“Shere's argument that he cannot be convicted as principal under section 777.011, Florida Statutes, for first-degree murder because his codefendant was only convicted of second-degree murder is completely without merit.…
Authorities Cited
- State v. Powell, 674 So. 2d 731 (Fla. 1996)
- Eaton v. State, 438 So. 2d 822 (Fla. 1983)
- Curry v. State (Fla. 3d DCA 2024)