FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

No reversals reported.

SECOND DISTRICT COURT OF APPEAL

No reversals reported

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ Exzavier Robinson v. State of Florida, Docket # 3D18-31

Appeal of a conviction after a jury trial of First Degree Murder, Strong Arm Robbery, Vehicular Homicide, Reckless Driving.  Defendant was found guilty for the death of a woman who was killed in a car accident as he was fleeing the police after committing a crime.

The Third DCA affirmed the convictions and sentences except reversed the conviction and sentence for Vehicular Homicide.  Under the “single homicide rule,” “only one homicide conviction and sentence may be imposed for a single death.”  Dual convictions for a single death violate the constitutional guarantee against Double Jeopardy.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ David Kenneth Bott v. State of Florida, Docket # 4D19-2803

Appeal of a conviction after trial of Aggravated Assault with a Deadly Weapon, Aggravated Battery with a Deadly Weapon, Grand Theft.  Defendant was charged with shooting the victim during an alleged robbery of the victim’s apartment.  Convictions for Aggravated Assault and Battery reversed.

Defendant and the victim gave completely different accounts at trial.  The victim claimed that Defendant entered the apartment unlawfully and robbed him and shot him.  Defendant testified that he went to the victim’s apartment to buy drugs and the victim went crazy and pulled out a gun, and the gun went off, hitting the victim in the struggle.  Defendant took the victim’s car and drove off because he did not have any transportation.

Defendant was initially charged with Burglary with a Firearm, Attempted Robbery with a Firearm, Attempted First Degree Murder with a Firearm, and Grand Theft of a Motor Vehicle.  The jury found appellant not guilty of the burglary charge but guilty of the lesser-included offenses of aggravated assault in count II and aggravated battery in count III, and guilty of grand theft as charged in count IV. The jury also made the factual finding that appellant did not have possession of a firearm or discharge a firearm.  Defendant moved for a judgment of acquittal on the aggravated assault and aggravated battery charges, arguing the verdict was inconsistent because the jury found that he was not in actual possession of a firearm. The trial court denied the motion, adjudicated appellant guilty, and sentenced him to fifteen years in prison as a prison release reoffender for aggravated battery and a consecutive five years in prison for aggravated assault and grand theft.

Because the verdict was legally inconsistent, the Fourth DCA reversed and remanded with instructions to adjudicate Defendant guilty of misdemeanor assault and battery.  The grand theft conviction was affirmed. 

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Steven Phillip Barlow v. State of Florida, Docket # 5D20-267

Pro se petition for certiorari to review the trial court’s dismissal of his Motion for Modification of Terms and Conditions of Probation.  Petition granted.

Defendant filed a motion seeking modification of probation, asking for early termination or reduction of his 15-year probation sentence and transfer to another county.  The trial court dismissed the motion, reasoning that it lacked jurisdiction based on the time limitation presented in Florida Rule of Criminal Procedure 3.800(c).

The Fifth DCA held that Florida Statutes § 948.03, by its plain language, permits a trial court to modify probation at any time.  Because the motion sought a modification pursuant to section 948.03, the trial court departed from the essential requirements of the law by relying on rule 3.800(c) to dismiss the motion.

Petition granted, case remanded for consideration on the merits.