EDBERTO FIGUEIRAS AND GLORIA FIGUEIRAS, APPELLANTS,

v.

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLEE

Citator

Cited By

• Henderson Nurse v. State, 658 So. 2d 1074 (Fla. 3d DCA 1995)
  …ppellate review because the defense counsel did not object in the trial court to a jury charge on attempt based on this ground. Moreover, it cannot be a fundamental error because this court has held — over a strong dissent, see also Howard v. State, 538 So. 2d 980 (Fla. 3d DCA 1989) (Schwartz, J. concurring)— that even where the defendant properly objects to a jury instruction on an attempt to commit the charged offense of burglary on the ground that there is no evidence to support such an attempt and the onl…
• Richardson v. State, 922 So. 2d 331 (Fla. 4th DCA 2006)
  …ge Hubbart dissented from that portion of Jones affirming the attempted burglary conviction, concluding that rule 3.510(a) precluded an instruction on attempt where it was not supported by the evidence. See 492 So. 2d at 1127-32. In Howard v. State, 538 So. 2d 980 (Fla. 3d DCA 1989), then-Chief Judge Schwartz wrote in a specially concurring opinion that although he was bound by stare decisis to follow Jones v. State, Judge Hubbart's dissenting opinion "represents the better reasoned view by far.” Id. at 980.…

Authorities Cited

• Bismark Diaz & Bis D. Corp. v. Osmel R. Rodriguez, 384 So. 2d 906 (Fla. 3d DCA 1980)
• United Servs. Auto. Ass'n v. Kiibler, 382 So. 2d 1254 (Fla. 3d DCA 1980)
• Morera v. City OF Miami, 382 So. 2d 1254 (Fla. 3d DCA 1980)