Starling v. State, 152 So. 3d 868 (Fla. 1st DCA 2014). · Go Syfert
Starling v. State, 152 So. 3d 868 (Fla. 1st DCA 2014). Cases Citing This Book View Copy Cite
“he only weapon referenced in the record as being involved in the crime was the firearm allegedly wielded by appellant, which the jury affirmatively concluded appellant did not possess.”
7 citation events (7 in the last 25 years) across 3 distinct courts.
Strongest positive: Darryl Lewis Davis v. State of Florida & SC16-1739 Darryl Lewis Davis v. State of Florida (fla, 2018-02-01)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (verbatim quote) Darryl Lewis Davis v. State of Florida & SC16-1739 Darryl Lewis Davis v. State of Florida
Fla. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
he only weapon referenced in the record as being involved in the crime was the firearm allegedly wielded by appellant, which the jury affirmatively concluded appellant did not possess.
cited Cited "see" Darryl L. Davis v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Starling v. State, 152 So.3d 868, 868 (Fla. 1st DCA 2014); Nettles v. State, 112 So.3d 782, 783 (Fla. 1st DCA 2013).
cited Cited "see" Darryl L. Davis v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Starling v. State, 152 So. 3d 868, 868 (Fla. 1st DCA 2014); Nettles v. State, 112 So. 3d 782, 783 (Fla. 1st DCA 2013).
cited Cited "see, e.g." McGhee v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2021 · signal: see also · confidence low
See also Starling v. State, 152 So.3d 868 (Fla. 1st DCA 2014).
discussed Cited "see, e.g." State v. Robert F. Woodall, III
Fla. Dist. Ct. App. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Starling v. State, 152 So.3d 868, 868 (Fla. 1st DCA 2014) (reversing conviction for robbery with a weapon based on truly inconsistent verdict finding that appellant did not possess firearm during commission of robbery); Gerald v. State, 132 So.3d 891, 895 (Fla. 1st DCA 2014) (reversing conviction for aggravated assault with firearm based on inconsistent finding that appellant did not possess firearm).
cited Cited "see, e.g." State v. McGhee
Fla. Dist. Ct. App. · 2015 · signal: see also · confidence low
See also Starling v. State, 152 So.3d 868 (Fla. 1st DCA 2014).
Brandon X. STARLING
v.
STATE of Florida
No. 1D13-3900.
District Court of Appeal of Florida, First District.
Dec 23, 2014.
152 So. 3d 868
Jeffrey E. Lewis, General Counsel, and Melissa Joy Ford, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Tallahassee, for Appellant., Pamela Jo Bondi, Attorney General, and Kristen Lynn Bonjour, Assistant Attorney General, Tallahassee, for Appellee.
Osterhaus, Rowe, Wolf.
Cited by 6 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Supreme Court of Florida (1)
PER CURIAM.

Branden Starling appeals his conviction for robbery with a weapon on the basis of a'legally inconsistent guilty verdict. We agree and conclude that his conviction must be reduced to simple robbery.

There is little question that the jury’s verdict in this case was inconsistent on its face. The jury found Appellant guilty of robbery with a firearm, but made a separate finding that Appellant did not “actually possess a firearm” during the commission of the offense. Recognizing the verdict’s inconsistency, the trial court reduced Appellant’s conviction to the lesser included offense of robbery with a weapon. This inclination to reduce the offense was correct. The problem is, however, that the only weapon referenced in the record as being involved in the crime was the firearm allegedly wielded by Appellant, which the jury affirmatively concluded Appellant did not possess. We cannot reconcile Appellant’s reduced conviction for robbery with a weapon with the jury’s specific finding that he did not possess the only weapon referenced in the record.

Circumstances like this one raise a “true” inconsistent verdict which may not be excused under the general rule permitting inconsistent verdicts. See Gerald v. State, 132 So.3d 891 (Fla. 1st DCA 2014); Nettles v. State, 112 So.3d 782 (Fla. 1st DCA 2013). Thus, we remand this case to[*869] the trial court to reduce Appellant’s conviction from robbery with a weapon to simple robbery and for resentencing.

REVERSED and REMANDED.

WOLF, ROWE, and OSTERHAUS, JJ., concur.