REGINALD BOZEMAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Miller v. State, 988 So. 2d 138 (Fla. 1st DCA 2008)
  …ccurred, fundamental error occurs. Error is.fundamental in nature where a manifest injustice would otherwise occur; a manifest injustice includes convicting appellant “for an offense for which he could not have been convicted.” Silverstein v. State, 985 So. 2d 635 (Fla. 4th DCA 2008); see also Sherwood v. State, 734 So. 2d 1050 (Fla. 1st DCA 1998); Dydek v. State, 400 So. 2d 1255 (Fla. 2d DCA 1981); Waugh v. State, 388 So. 2d 253, 254 (Fla. 2d DCA 1980). Judge Allen relies on Novaton v. State, 634 So. 2d 607…
• Haliburton v. State, 7 So. 3d 601 (Fla. 4th DCA 2009)
  …. 2d 576, 577 (Fla. 1st DCA 1999) (violation of the prohibition against double jeopardy). In this postconviction context, the inquiry focuses on whether a manifest injustice will occur if the error is not corrected. See, e.g., Silverstein v. State, 985 So. 2d 635 (Fla. 4th DCA 2008); Miller v. State, 988 So. 2d 138, 139 (Fla. 1st DCA 2008) (explaining that fundamental error and a manifest injustice result when a defendant is convicted of an offense for which the defendant could not have been convicted as a m…
• Melvin v. State, 141 So. 3d 592 (Fla. 4th DCA 2014)
  …, if any exist, refuting the claim that trial counsel acted ineffectively in allowing appellant to plead no contest to a charge not supported by an adequate factual basis. See Harris v. State, 32 So. 3d 197 (Fla. 4th DCA 2010); Silverstein v. State, 985 So. 2d 635 (Fla. 4th DCA 2008); see also State v. Tucker, 761 So. 2d 1248, 1249 (Fla. 2d DCA 2000) (in DWLSR prosecution under section 322.34, actual physical control is an element of the offense); State v. Bostick, 751 So. 2d 780, 780 (Fla. 5th DCA 2000) (sam…