STATE OF FLORIDA
v.
ONTERRIOUS V. TILLMAN
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A defendant is not entitled to a twelve-person jury under the Sixth and Fourteenth Amendments for a felon in possession of a firearm charge.
[1] A defendant charged with possession of a firearm or ammunition by a convicted felon is not entitled to a twelve-person jury under the Sixth and Fourteenth Amendments to t…
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Join FLexlaw to unlock all legal intelligenceOnterrious V. Tillman was tried in Palm Beach County for neglect of a child causing great bodily harm while in possession of a firearm and possession …
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Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard Coates, Judge; L.T. Case No. 502020CF006155A.
Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages- Jones, Assistant Attorney General, West Palm Beach, for appellant.
Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant Public Defender, West Palm Beach, for appellee. PER CURIAM.
In case number 4D22-1875, we affirm without discussion the circuit court’s order granting the defendant’s post-verdict renewed motion for judgment of acquittal on the charge of neglect of a child causing great bodily harm while in possession of a firearm.
In case number 4D22-2300, we affirm the defendant’s conviction on the charge of possession of a firearm or ammunition by a convicted felon. The defendant’s first two arguments on appeal lack merit and require no further discussion. The defendant’s third argument on appeal, that he was entitled to a twelve-person jury under the Sixth and Fourteenth Amendments to the United States Constitution, also lacks merit, for the reasons stated in Guzman v. State, 350 So. 3d 72, 73 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023). Case no. 4D22-1875 affirmed; case no. 4D22-2300 affirmed. WARNER, MAY, and GERBER, JJ., concur.
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* * * Not final until disposition of timely filed motion for rehearing.
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Stephenson v. State (Fla. 4th DCA 2023)
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Brown v. State (Fla. 4th DCA 2023)…r view of two members of the correctional facility’s mental health staff. 1 As to appellant’s contention that he was entitled to a twelve-person jury, we affirm. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC2022-1597, 2023 WL 3830251 (Fla. June 6, 2023), cert. pending, No. 23-5173 (U.S. July 21, 2023). Additionally, without further discussion, we affirm as to appellant’s argument regarding fundamental error in the sentencing process. On appeal, Brown argues that his two convic…
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Sjon Jones v. State (Fla. 4th DCA 2024)…nts for victim injury after the jury specifically found that appellant had not intentionally caused bodily harm to another. We affirm as to all other issues. See Guzman v. State, 350 So. 3d 72, 73 (Fla. 4th DCA 2022), review denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023), cert. pending, No. 23-5173 (U.S. July 21, 2023). Affirmed in part, reversed in part, and remanded for resentencing. GROSS, GERBER and CONNER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022)