1DCA: Aggravated Assault w/ Firearm & Burglary with Assault w/ Firearm

Where all of the elements of the crime of aggravated assault with a firearm are contained within the crime of burglary with an assault while armed with a firearm, convictions for both the burglary and the aggravated assault violate the prohibition against double jeopardy.

Smith v. State, 1D13-4394 (Fla. 1st DCA Jan. 20, 2015)
Duval Judge Daniels

2DCA: Reverses Agg Battery for Improper Comma in Stand Your Ground Jury Instruction

Reversing a conviction for aggravated battery, the Second District held that the trial court fundamentally erred by inserting a comma into the jury instruction on justifiable use of deadly force, where the effect of the comma indicated that the defendant had not duty to retreat and had a right to stand his ground and meet force with force ONLY IF he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or to prevent the commission of a forcible felony.

Martin v. State, 2D12-4646 (Fla. 2d DCA Jan. 7, 2015)


Hillsborough Judge Fernandez

1DCA: Reverses for Inferences Drawn by LEO

A trial court errs by admitting testimony from a law enforcement officer regarding common practices of drug dealers where, over defense objection, the officer responded affirmatively when the prosecutor asked the following question relative to the circumstances surrounding defendant’s arrest: “And in your years of experience in narcotics work, is this what delivering drugs from one person to another typically looks like?” This testimony invaded the province of the jury by suggesting the inference to be drawn from the facts by comparison to general patterns of criminal behavior, and it was unfairly prejudicial against the defendant.

Smith v. State, 1D13-5421 (Fla. 1st DCA Jan. 6, 2015)


Duval Judge Stetson

1DCA: Reverses Possession of Concealed Weapon

A trial court errs by denying a motion for judgment of acquittal for carrying a concealed firearm where the evidence established that the defendant, a Walmart employee on duty, was arrested in the Walmart parking, was an employee on duty, and was found to be in possession of the firearm.  (Section  790.25(3)(n) permits possession of a concealed firearm at “home or place of business”.)

Curry-Pennamon v. State, 1D13-4327 (Fla. 1st DCA Jan. 2, 2014)


Duval Judge Soud

Maria Ines Suber, APD Tallahassee