Moore v. State, 924 So. 2d 840 (Fla. 4th DCA 2006). · Go Syfert
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Moore v. State, 924 So. 2d 840 (Fla. 4th DCA 2006). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Steven R. Powell v. State of Florida (fladistctapp, 2015-08-19)
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Steven R. Powell v. State of Florida
Fla. Dist. Ct. App. · 2015 · confidence medium
Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006).
discussed Cited as authority (rule) JJ v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
Although we note that J.J. failed to raise this argument below and therefore failed to put the trial court on notice regarding the law on this issue, a conviction for a nonexistent offense is fundamental error, see State v. Klayman, 835 So.2d 248, 254 (Fla.2002), receded from on other grounds, State v. Barnum, 921 So.2d 513 (Fla.2005); Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006), which may be raised for the first time on appeal, see Moore v. State, 982 So.2d 1205, 1206 (Fla. 5th DCA 2008).
discussed Cited as authority (rule) J.J. v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
J. failed to raise this argument below and therefore failed to put the trial court on notice regarding the law on this issue, a conviction for a nonexistent offense is fundamental error, see State v. Klayman, 835 So.2d 248, 254 (Fla.2002), receded from on other grounds, State v. Barnum, 921 So.2d 513 (Fla.2005); Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006), which may be raised for the first time on appeal, see Moore v. State, 982 So.2d 1205, 1206 (Fla. 5th DCA 2008).
discussed Cited as authority (rule) Witherspoon v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
The Fourth District has said, “A conviction for a non-existent crime is fundamental error that can be raised at any time, even if the error was ‘invited’ by acceptance of a negotiated plea or by a request for jury instructions.” Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006) (offense of attempted aggravated assault on a law enforcement officer).
discussed Cited as authority (rule) White v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
In Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006), we held, "A conviction for a non-existent crime is fundamental error that can be raised at any time. . . ." In addition, "a conviction on a charge not made by the indictment or information," even if valid under Florida law, "is a denial of due process of law" and "is a defect that can be raised at any time-before trial, after trial, on appeal, or by habeas corpus." State v. Gray, 435 So.2d 816, 818 (Fla.1983).
discussed Cited "see" J.S. v. State (2×)
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Moore v. State, 924 So.2d 840 , 2006 WL 12960 (Fla. 4th DCA January 4, 2006)(holding attempted aggravated assault on a law enforcement officer is not a crime in Florida); W.T.D. v. State, 906 So.2d 333 (Fla. 4th DCA 2005)(holding sentence enhancement statute did not create offense of attempted battery on school employee, and thus minor’s adjudication of delinquency should have been based on finding that minor committed attempted battery).
discussed Cited "see" JS v. State (2×)
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Moore v. State, 924 So.2d 840 , 2006 WL 12960 (Fla. 4th DCA January 4, 2006)(holding attempted aggravated assault on a law enforcement officer is not a crime in Florida); W.T.D. v. State, 906 So.2d 333 (Fla. 4th DCA 2005)(holding sentence enhancement statute did not create offense of attempted battery on school employee, and thus minor's adjudication of delinquency should have been based on finding that minor committed attempted battery).
discussed Cited "see, e.g." Hughes v. State
Fla. Dist. Ct. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006) (conviction for a non-existent crime); Pass v. State, 922 So.2d 279, 281 (Fla. 2d DCA 2006) (application of facially unconstitutional statute); Smith v. State, 741 So.2d 576, 577 (Fla. 1st DCA 1999) (violation of the prohibition against double jeopardy).
discussed Cited "see, e.g." Haliburton v. State
Fla. Dist. Ct. App. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Moore v. State, 924 So.2d 840, 841 (Fla. 4th DCA 2006) (conviction for a nonexistent crime); Pass v. State, 922 So.2d 279, 281 (Fla. 2d DCA 2006) (application of facially unconstitutional statute); Smith v. State, 741 So.2d 576, 577 (Fla. 1st DCA 1999) (violation of the prohibition against double jeopardy).
Retrieving the full opinion text from the archive…
Paul E. MOORE, Appellant,
v.
STATE of Florida, Appellee.
4D05-3803.
District Court of Appeal of Florida, Fourth District.
Jan 4, 2006.
924 So. 2d 840
2006 WL 12960
Per Curiam.
Cited by 13 opinions  |  Published

[*841] Paul E. Moore, Arcadia, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Paul Moore appeals the summary denial of his motion for post-conviction relief. Fla. R.Crim. P. 3.850. The trial court found that the motion was untimely and successive because Moore had raised new claims that should have been raised in Moore's prior motion. See Moore v. State, 879 So.2d 62 (Fla. 4th DCA 2004). One of Moore's new claims was that he was convicted of a non-existent offense. We reverse the denial of this claim, but affirm as to all other issues.

Moore entered a negotiated guilty plea to various offenses, including attempted aggravated assault on a law enforcement officer. Attempted aggravated assault on a law enforcement officer is not a crime in Florida. Merritt v. State, 712 So.2d 384 (Fla.1998). A conviction for a non-existent crime is fundamental error that can be raised at any time, even if the error was "invited" by acceptance of a negotiated plea or by a request for jury instructions. Mundell v. State, 739 So.2d 1201 (Fla. 5th DCA 1999); Fredericks v. State, 675 So.2d 989 (Fla. 1st DCA 1996).

One cannot be convicted of a non-existent offense. Achin v. State, 436 So.2d 30 (Fla.1982). The conviction is illegal and cannot be allowed to stand. The trial court erred in denying this claim as untimely and successive.

We reverse and remand with instructions that the conviction and sentence for attempted aggravated assault on a law enforcement officer be vacated. The state shall have the option of withdrawing from the entire plea agreement. See Harkness v. State, 771 So.2d 588 (Fla. 1st DCA 2000). Moore cannot challenge his plea as involuntary because the time limit under rule 3.850 has expired.

STONE, FARMER and KLEIN, JJ., concur.