FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

No reversals reported.

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ Wayne Andrew Nichols v. State of Florida, Docket # 2D19-1721

Motion for rehearing granted. appeals his convictions and sentences for three counts of the illegal killing, possessing, or capturing of alligators or other crocodilia or eggs (counts one, two, and three), one count of intentional killing or wounding of any species designated as of special concern (count four), and one count of attempted killing or wounding of any species designated as of special concern (count five).

Case involving interactions between statute and administrative code. Licensed by the commission to open and operate a farm and required him to comply with the administrative code. Was required to prepare and maintain documentation of each of the alligators he captured, possessed, transferred, or harvested. Defense at trial involved paperwork defense and arguing that he was not guilty of a crime, but only administrative code punishments. the trial court’s decision to include the Administrative Code provisions in the jury instructions but also to deny Nichols’ request to include the “unless authorized” language resulted in the court providing an incomplete, misleading, and manifestly confusing explanation of the law to the jurors. Nichols’ defense was that he was not guilty of the charged offenses because the statutory exception applied—an exception that was based on the application of the Administrative Code provisions.

Reverse Nichols’ convictions on counts one, two, and three and remand for a new trial on those charges because the jury instructions given by the trial court were incomplete, misleading and confusing. Affirm Nichols’ conviction on count four; however, the trial court may make such adjustments to the scoresheet and sentences as it deems necessary in light of the proceedings on remand, including resentencing on count four as the court deems appropriate.

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ VLH, a juvenile, v. State of Florida, Docket # 3D20-1858

Appeal issues relating to the trial court’s violation of probation order and the disposition order committing her to the custody of the Department of Juvenile Justice (“DJJ”) for placement in a non-secure residential program, which orders were entered on December 1, 2020, following a violation of probation hearing.

Placed on probation, but violated based on new law violations of battery, petit theft, resisting an officer without violence. Hearing was held and the trial court revoked probation. On that same day, the trial court entered a Violation of Probation Order and, over defense counsel’s objection, a Disposition Order and Commitment to the Department of Juvenile Justice, ordering that V.L.H. be committed to the DJJ for placement in a non-secure residential program (“Disposition Order”). Court was required to review a new disposition report from DJJ. Procedure set forth in statute.

Affirm the violation of probation order but remand with instructions to strike any reference to V.L.H. failing to maintain contact with her juvenile probation office (“JPO”), and reverse the disposition order and remand for a new disposition.

FOURTH DISTRICT COURT OF APPEAL

No reversals reported.

FIFTH DISTRICT COURT OF APPEAL

No reversals reported.