ERNEST NORMAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Thomas v. State, 748 So. 2d 970 (Fla. 1999)
  …0 So. 2d 482 (Fla.1974) (trial judge’s modified instruction was a balanced charge which encouraged neither acquittal nor conviction and stated that no juror was to abandon his conscientious convictions; therefore it was not error); State v. Roberts, 616 So. 2d 79 (Fla. 2d DCA 1993) (trial judge’s comments to the jury, after six and one-half hours of jury deliberations, that it was very important yet not essential to reach a verdict on that day did not impermissibly coerce the guilty verdict); Tejeda-Bermudez…
• Pena v. State, 829 So. 2d 289 (Fla. 2d DCA 2002)
  …holding that the failure to allege an essential element of an offense in the charging document is fundamental error, see State v. Von Deck, 607 [*293] So. 2d 1388 (Fla.1992); Velasquez v. State, 654 So. 2d 1227 (Fla. 2d DCA 1995); State v. Roberts, 616 So. 2d 79 (Fla. 2d DCA 1993), and that such an issue can be raised at any time. State v. Gray, 435 So. 2d 816 (Fla. 1983). These cases, however, are distinguishable. They involve defendants convicted of aggravated assault without allegations that the defendan…
• Velasquez v. State, 654 So. 2d 1227 (Fla. 2d DCA 1995)
  …uilty of the lesser included offense of aggravated assault with a firearm. One of the essential elements of this crime which the state must allege is that the offender created a well founded fear in the victim of imminent violence. State v. Roberts, 616 So. 2d 79 (Fla. 2d DCA 1993). The charging document in the instant case charged only the elements of the crime of attempted first degree murder. It is undisputed that the information failed to allege that the appellant created in the victims a well founded fe…

Authorities Cited

• State v. Johnson, 616 So. 2d 1 (Fla. 1993)
• State v. Rucker, 613 So. 2d 460 (Fla. 1993)