Thomas v. State, 617 So. 2d 1128 (Fla. 3d DCA 1993). · Go Syfert
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Thomas v. State, 617 So. 2d 1128 (Fla. 3d DCA 1993). Cases Citing This Book View Copy Cite
10 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: & SC15-297 Donald Lenneth Banks v. State of Florida and Donald Lenneth Banks v. Julie L. Jones, etc. (fla, 2017-04-20)
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited as authority (rule) & SC15-297 Donald Lenneth Banks v. State of Florida and Donald Lenneth Banks v. Julie L. Jones, etc. (4×) also: Cited "see"
Fla. · 2017 · confidence medium
See Masaka v. State, 4 So. 3d 1274, 1284 (Fla. 2d DCA 2009); Wells v. State, 967 So. 2d 418, 419 (Fla. 1st DCA 2007); Lewis v. State, 693 So. 2d 1055, 1057 (Fla. 4th DCA 1997); Thomas v. State, 617 So. 2d 1128, 1128 (Fla. 3d DCA 1993).
discussed Cited as authority (rule) McGriff v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2009 · confidence medium
See Masaka v. State, 4 So.3d 1274, 1284 (Fla. 2d DCA 2009); Wells v. State, 967 So.2d 418, 419 (Fla. 1st DCA 2007); Lewis v. State, 693 So.2d 1055, 1057 (Fla. 4th DCA 1997); Thomas v. State, 617 So.2d 1128, 1128 (Fla. 3d DCA 1993).
cited Cited "see" Terrence Mathis v. State of Florida
Fla. Dist. Ct. App. · 2026 · signal: see · confidence high
See Thomas v. State, 617 So. 2d 1128, 1128 (Fla. 3d DCA 1993) (“The state’s information charged the defendant under the principal theory.
cited Cited "see" Sales v. State
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See Thomas v. State, 617 So.2d 1128 (Fla. 3d DCA 1993); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992); Nixon v. State, 603 So.2d 660 (Fla. 3d DCA 1992).
Retrieving the full opinion text from the archive…
Lucious Kelvin THOMAS, Appellant,
v.
The STATE of Florida, Appellee.
92-1777.
District Court of Appeal of Florida, Third District.
May 11, 1993.
617 So. 2d 1128
1993 WL 152150
Nesbitt, Ferguson and Cope.
Cited by 5 opinions  |  Published

Bennett H. Brummer, Public Defender, and Sheryl J. Lowenthal, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard S. Fechter, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and COPE, JJ.

PER CURIAM.

Defendant Lucious Kelvin Thomas seeks reversal of his convictions for murder, second-degree, and unlawful possession of a firearm in a criminal offense. We affirm in part, reverse in part, and remand for corrected sentence.

The defendant argues that the trial court erred in giving the jury an instruction on the principal theory. We disagree. Sufficient evidence was produced at trial to support the instruction. The state's information charged the defendant under the principal theory. The state's questioning, as well as defendant's cross-examination, reflect that both parties were aware of this theory. The proper charge to be given the jury rested in the sound discretion of the trial judge and no abuse was demonstrated in the court's decision to give the jury the principal instruction. See Rosales v. State, 547 So.2d 221 (Fla. 3d DCA 1989).

We do agree with the defendant, however, that because the use of a firearm was the basis for raising the charge of second-degree murder to a life felony, double jeopardy barred the second conviction for misuse of the same firearm. See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Pearson v. State, 603 So.2d 676 (Fla. 3d[*1129] DCA 1992); Pedrick v. State, 599 So.2d 200 (Fla. 5th DCA 1992).

Accordingly, the trial court's order is affirmed in part, reversed in part, and remanded for entry of a corrected sentence.