ORLIER SUAREZ ALBO
v.
THE STATE OF FLORIDA
Explore caselaw by topic → Browse Lesser Included Offense cases and more on FLexlaw
PER CURIAM.
Affirmed.1 State, 219 So. 3d 189, 197 n.8 (Fla. 3d DCA 2017) (“For example, in a homicide prosecution, the jury is not permitted to consider any non-homicide lesser-included offenses (e.g., aggravated battery) even if such lesser-included offenses are subsumed within and necessarily established by proof of the murder charge, unless there is some disputed issue of fact (and some evidence to support a theory) regarding an intervening cause of death.”). See also State v. Barritt, 531 So. 2d 338, 339 (Fla. 1988); Martin v. State, 342 So. 2d 501, 503 (Fla. 1977) (superseded on other grounds by Fla. R. Crim. P. 3.490); Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997). 1 We affirm without discussion Appellant’s challenge to the sufficiency of the evidence supporting the jury’s verdict of guilty for leaving the scene of a crash involving death.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Martin v. State, 342 So. 2d 501 (Fla. 1977)
- State v. Barritt, 531 So. 2d 338 (Fla. 1988)
- Gordon v. State, 219 So. 3d 189 (Fla. 3d DCA 2017)
- Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997)