Taylor v. State, 760 So. 2d 298 (Fla. 4th DCA 2000). · Go Syfert
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Taylor v. State, 760 So. 2d 298 (Fla. 4th DCA 2000). Cases Citing This Book View Copy Cite
9 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Eaton v. State (fladistctapp, 2005-08-23)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Eaton v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
Vega v. State, 900 So.2d 572, 573 (Fla. 2d DCA 2004); Mitchell v. State, 888 So.2d 665, 667 (Fla. 1st DCA 2004), review denied, 902 So.2d 790 (Fla.2005); Hodges v. State, 878 So.2d 401, 402 (Fla. 4th DCA), review denied, 890 So.2d 1114 (Fla.2004); Griffis v. State, 848 So.2d 422, 427 (Fla. 1st DCA 2003); Dixon v. State, 823 So.2d 792, 794 (Fla. 2d DCA 2001); Braggs v. State, 789 So.2d 1151, 1153-54 (Fla. 3d DCA 2001); Taylor v. State, 760 So.2d 298, 299 (Fla. 4th DCA 2000); O'Bryan v. State, 692 So.2d 290, 290-91 (Fla. 1st DCA 1997).
discussed Cited as authority (rule) Hodges v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
See Braggs v. State, 789 So.2d 1151, 1154 (Fla. 3d DCA 2001) (reversing kidnapping conviction because, although the defendant was charged with kidnapping with intent to commit or facilitate the commission of any felony, jury was also instructed to decide whether he committed a kidnapping with the intent to inflict great bodily harm upon or to terrorize the victim; even though there was no objection, convicting a defendant of a crime not charged was fundamental error and the verdict in such a case was a nullity); Taylor v. State, 760 So.2d 298, 299 (Fla. 4th DCA 2000) (reversing aggravated batt…
cited Cited "see" Garzon v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Taylor v. State, 760 So. 2d 298 (Fla. 4th DCA 2000); Hodges v. State, 878 So. 2d 401 (Fla. 4th DCA 2004); Fuentes v. State, 730 So. 2d 366 (Fla. 4th DCA 1999).
Retrieving the full opinion text from the archive…
Angela TAYLOR, Appellant,
v.
STATE of Florida, Appellee.
4D99-254.
District Court of Appeal of Florida, Fourth District.
Jun 21, 2000.
760 So. 2d 298
2000 WL 788194
Glickstein.
Cited by 6 opinions  |  Published

[*299] James H. Greason, Miami, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

GLICKSTEIN, HUGH S., Senior Judge.

We reverse appellant's conviction of aggravated battery. She was charged as follows:

ANGELA TAYLOR ... did unlawfully and intentionally touch or strike Charlene Marshall against her will with a deadly weapon, to wit: a razor type knife, contrary to F.S. 784.045, (L7).

The trial court, however, instructed the jury not on the charge of aggravated battery using a deadly weapon, but on aggravated battery causing permanent disfigurement. Specifically, it instructed, as follows:

Before you can find the defendant guilty of aggravated battery the State must have proved the following two elements beyond a reasonable doubt. The first element is the definition of battery. First, that Angela Taylor touched or struck Charlene Marshall against her will or intentionally caused bodily harm. And two, Angela Taylor in committing the battery intentionally or knowingly caused permanent disfigurement to the victim. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm.

The jury subsequently found Taylor guilty of aggravated battery using a general verdict form. She then moved for arrest of judgment or a new trial, which was denied. This appeal followed.

It is well established that a trial court commits fundamental error by convicting a defendant on a crime not charged. Abbate v. State, 745 So.2d 409, 410 (Fla. 4th DCA 1999). A trial court also commits fundamental error when it instructs the jury on an alternative theory which was not charged in the information. See Fuentes v. State, 730 So.2d 366 (Fla. 4th DCA 1999). Both fundamental errors occurred here.

WARNER, C.J., and STONE, J., concur.