green
Positive treatment
9.6 score
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016
2021
2026
Top citers, strongest first. 4 distinct citers.
discussed
Cited as authority (rule)
David Lai v. State of Florida
Cf. State v. McGhee, 174 So. 3d 470, 472 (Fla. 1st DCA 2015) (no truly inconsistent verdict where state charged aggravated assault with deadly weapon, evidence was disputed as to whether the defendant used a firearm or some other type of deadly weapon, and jury found the defendant guilty of aggravated assault with deadly weapon but specially found he did not possess a firearm); Profit v. State, 382 So. 3d 778 , 781-82 (Fla. 1st DCA 2024) (no legally inconsistent verdict when evidence supported and jury instructions included premeditated first-degree murder and jury acquitted the defendant of f…
discussed
Cited as authority (rule)
David Lai v. State of Florida
Cf. State v. McGhee, 174 So. 3d 470, 472 (Fla. 1st DCA 2015) (no truly inconsistent verdict where state charged aggravated assault with deadly weapon, evidence was disputed as to whether the defendant used a firearm or some other type of deadly weapon, and jury found the defendant guilty of aggravated assault with deadly weapon but specially found he did not possess a firearm); Profit v. State, 382 So. 3d 778 , 781-82 (Fla. 1st DCA 2024) (no legally inconsistent verdict when evidence supported and jury instructions included premeditated first-degree murder and jury acquitted the defendant of f…
discussed
Cited as authority (rule)
JOSE MIKE ESPICHAN v. STATE OF FLORIDA
Aggravated assault is defined as an assault: (a) with a deadly weapon without intent to kill or (b) with an intent to commit a felony. § 784.021(1), Fla. Stat. (2021).3 “For statutory purposes, a ‘deadly weapon’ needn’t be a firearm; it is simply an object used 3 The legislature included aggravated assault in the list of forcible felonies for purposes of chapter 776. § 776.08. 8 or threatened to be used in a way likely to produce death or great bodily harm.” State v. McGhee, 174 So. 3d 470, 471-72 (Fla. 1st DCA 2015).
discussed
Cited "see, e.g."
Robert Jacoby Turner v. State of Florida
See also State v. McGhee, 174 So. 3d 470 (Fla. 1st DCA 2015) (holding that jury verdict finding that defendant did not possess a firearm did not negate element of aggravated assault with a deadly weapon where the nature of the weapon was in dispute).
STATE of Florida
v.
Rogyne O'NEAL
v.
Rogyne O'NEAL
No. 4D14-329.
District Court of Appeal of Florida, First District.
Aug 12, 2015.
Pamela Jo Bondi, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellant., Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellee.
Klingensmith, Warner.
Published
Affirmed. See Lawton v. State, — So.3d - (Fla.2015).