The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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The Grand Jurors of the State of Florida, empaneled and sworn to inquire and true presentment make in and for the County of Polk and State of Florida, upon their oath do present that ANTONIO DONTE CALLAWAY on the 12th day of November, Two Thousand and Twelve, in the County and State aforesaid, while engaged in the perpetration of or the attempt to perpetrate a robbery, unlawfully did kill a human being, to wit: Alicia D. Barnett, by shooting the said Alicia D. Barnett with a firearm, and during the commission of said offense the said ANTONIO DONTE CALLAWAY discharged a firearm and as a result of said discharge, death or great bodily harm was inflicted upon Alicia D. Barnett in violation of Sections 782.04, 777.011, and 775.087, Florida Statutes, contrary to the form of the Statutes, in such cases made and provided and against the peace and dignity of the State of Florida.
3.5(a) PRINCIPALS F.S. 777.011
Because the indictment alleged that Holt committed first-degree murder and because an aider and abettor may be charged, convicted, and punished as a principal, the prosecutor did not constructively amend the indictment during trial by presenting the theory that Holt acted as an aider or abettor. § 777.011, Fla. Stat.; Roby, 246 So.2d at 570. Because an objection would not succeed, trial counsel was not ineffective, and the post-conviction court did not unreasonably deny the claim. Meders, 911 F.3d at 1354.
On January 30, 2013, Morganti was charged by amended information with burglary, in violation of Florida Statute §§ 810.02 and 777.011 (count one) and grand theft, in violation of Florida Statute §§ 812.014(1), 812.014(2) and 777.011. (Doc. 7-2 at 15). A jury found Morganti guilty as charged. (Id. at 879). The trial court sentenced Morganti to concurrent terms of fifteen years in prison on count one and five years in prison on count two. (Id. at 881-92). Florida's Second District Court of Appeal (“Second DCA”) affirmed Morganti's convictions and sentences per curiam without a written opinion. Morganti v. State, 173 So.3d 976 (Fla. 2d DCA 2015).
Section 777.011, is Florida's statute on charging a defendant as a principal in the first degree. Fla. Stat. § 777.011.
As to the first-degree murder count, the State had to prove that Dr. Sievers was dead, that Sievers' criminal act caused her death, and that her death was premeditated. § 782.04(1)(a), Fla. Stat. (2019). Because Sievers was not present at the murder, the jury was instructed on the principal theory of liability. Under that theory, Sievers could be found guilty of first-degree murder if he had procured, hired, or aided Dr. Sievers' killing. § 777.011, Fla. Stat. (2019).
Based on the above allegations, Plaintiff alleges nine counts on behalf of herself and the Investor Class: I. Violation of Fla. Stat. § 517.07(1); II. Violation of Fla. Stat. § 517.12(1); III. Violation of Fla. Stat. § 517.301; IV. Breach of Fiduciary Duty; V. Negligence; VI. Violation of Florida's Civil Remedies for Criminal Practices Act, Fla. Stat. §§ 772.103(1), (3)-(4), 772.104(1), 777.011, and 777.03(1)(a) (“Florida RICO”); VII. Conspiracy to Violate Florida RICO; VIII. Violation of 18 U.S.C. § 1962(a), (c)-(d) (“federal RICO”); and IX. Equitable Action for Appointment of Receiver, for Accounting and for Disgorgement of Ill-Gotten Gains, Unjust Enrichment, and Constructive Trust.
Based on the above allegations, Plaintiff alleges nine counts on behalf of herself and the Investor Class: I. Violation of Fla. Stat. § 517.07(1); II. Violation of Fla. Stat. § 517.12(1); III. Violation of Fla. Stat. § 517.301; IV. Breach of Fiduciary Duty; V. Negligence; VI. Violation of Florida's Civil Remedies for Criminal Practices Act, Fla. Stat. §§ 772.103(1), (3)-(4), 772.104(1), 777.011, and 777.03(1)(a) (“Florida RICO”); Count VII. Conspiracy to Violate Florida RICO; Count VIII. Violation of 18 U.S.C. § 1962(a), (c)-(d) (“federal RICO”); and Count IX. Equitable Action for Appointment of Receiver, for Accounting and for Disgorgement of Ill-Gotten Gains, Unjust Enrichment, and Constructive Trust.
Petitioner Keilon Delayne Johnson indicates he challenges his conviction dated May 8, 2019, and sentence imposed January 23, 2020, by the First Judicial Circuit, Okaloosa County, Florida, following his entry of a nolo contendere plea in case number 2017-CF-3125. ECF No. 1 at 1. In particular, Johnson was charged with two counts: (1) principal attempted armed kidnapping with a weapon with intent to comment a felony, in violation of sections 777.011, 777.04, 787.01(1)(a)2., and 775.087, Florida Statutes (2017); and (2) principal attempted home invasion robbery with a firearm or deadly weapon, in violation of section 777.011, 777.04, 812.135(1)-(2)(a), and 775.087, Florida Statutes (2017). Ex. 4 (Amended Information). The information specifically alleged, in Count 2, that “in the course of committing the offense, KEILON D. JOHNSON did carry and actually possess a firearm, a deadly weapon.” Ex. 4.
For this reason, the instant case is distinguishable from this Court's decision in Gerald v. State , 132 So. 3d 891 (Fla. 1st DCA 2014), which involved a crime committed by a single perpetrator. Unlike in Gerald , Hollings acted in concert with multiple people, one of whom unquestionably used a firearm during the assault. See §§ 777.011, 784.021(1)(a), Fla. Stat.
. . . Appellant was charged as a principal for trafficking in methamphetamine under sections 777.011 and 893.135 . . . .2d 1194, 1196 (Fla. 2001) (en banc), we reverse Appellant's conviction as a principal under section 777.011 . . .
. . . Yonisley Garcia, was charged with aggravated animal cruelty in violation of sections 828.12(2) and 777.011 . . .
. . . of delinquency and placing I.G. on probation for loitering and prowling, under sections 856.021 and 777.011 . . . actions of looking into parked vehicles and pulling on door handles in violation of sections 856.021 and 777.011 . . .
. . . in Cocaine, or any mixture containing cocaine, as described in s. 893.135(5) and s. 777.04(3) and s. 777.011 . . . Stat. § 777.011 states: Whoever commits any criminal offense against the state, whether felony or misdemeanor . . .
. . . See §§ 777.011, 810.02(2)(a), Fla. Stat. (2015). . . .
. . . . §§ 794.011(3), 777.011 (1991) ); (iv) a 1993 conviction for kidnapping ( Fla. . . .
. . . . § 777.011, Fla. Stat. (2010); see also Charles v. . . .
. . . . § 777.011, qualifies as a “controlled substance offense,” United States Sentencing Guidelines Manual . . . Stat. § 777.011 (emphasis added). . . . The Supreme Court of Florida refers to section 777.011 as the “aider-abettor statute[,] which makes all . . .
. . . .; Section 777.011, Florida Statutes (2009), sets forth who may be charged as a principal under Florida . . .
. . . acts were perpetrated by lone defendants who could not have been convicted as principals under section 777.011 . . .
. . . defendant possessed a firearm or destructive device, in violation of s. 810.02(2)(b) and s. 775.087 and s. 777.011 . . .
. . . See §§ 775.082(3)(e); 777.011; 784.021, Fla. Stat. (2015). . . .
. . . See § 777.011, Fla. Stat. (2013); C.L.A. v. State, 478 So.2d 872 (Fla. 3d DCA 1985). Cf. . . .
. . . an offense, although sufficient to convict the person as a principal in such offense under Section 777.011 . . .
. . . bodily harm was inflicted upon [the victim], a human being in violation of 782.051(1) and 775.087 & 777.011 . . .
. . . See §§ 777.011, 837.02(1), Fla. Stat. (2011). . . . See §§ 777.011, 837.02(1). The elements of tampering are: 1. . . .
. . . convicted as a principal of the lesser included offense of second-degree murder pursuant to section 777.011 . . . , which provides, 777.011 Principal in first degree.— Whoever commits any criminal offense against the . . . On the facts before us, the criminal offense referenced in section 777.011 is the criminal offense for . . . CALLAHAN with a firearm, in violation of s. 782.04(1), s. 775.087, and s. 777.011, Florida Statutes . . . . CALLAHAN, in violation of s. 782.04(1), s. 777.04(3), s. 775.087, and s. 777.011, Florida Statutes... . . . CALLAHAN with a firearm, in violation of s. 782.04(1), s. 775.087 and s. 777.011, Florida Statutes, to . . . Staten, 519 So.2d at 624 (Fla.1988); see also § 777.011, Fla. . . . Stat. (2005) (renumbered in 1977 from section 776.011 to section 777.011). . . . Section 777.011 provides as follows: Whoever commits any criminal offense against the state, whether . . . Although the murder occurred in 1982, we cite to section 777.011, Fla. . . . section 775.087(1), Florida Statutes (1981), and its interplay with the principal statute, section 777.011 . . . The principal statute (section 777.011) provides: 777.011. . . . whether he or she is or is not actually or constructively present at the commission of such offense. § 777.011 . . . Under the principal statute (§ 777.011), a person may be found guilty if he either: “commits any criminal . . . Under section 777.011, all participants who either commit the offense themselves, or who aid, abet counsel . . .
. . . repeatedly which could have caused the death of the said Glen Moore, contrary to F.S. 782.04(l)(a), F.S. 777.011 . . .
. . . See § 777.011, Fla. Stat. (2013); Fla. Std. Jury Instr. Crim. 3.5(a); Mathis v. . . .
. . . . § 777.011, Fid. Stat. (2012). The jury was instructed accordingly. See Fla. Std. Jury Instr. . . .
. . . See § 777.011, Fla. . . .
. . . charged Appellant with: (1) second-degree felony murder (firearm) in violation of sections 782.04(3) and 777.011 . . . Florida Statutes (2011); (2) robbery with a deadly weapon in violation of sections 812.13(2)(a) and 777.011 . . .
. . . . §§ 775.087, 777.04(1), 777.011, 782.04(1), resulting in a sentence of 40 years of imprisonment, including . . .
. . . indirectly, in such enterprise through a pattern of racketeering activity, in violation of s. 895.03 and 777.011 . . .
. . . count II (RICO conspiracy) included a charge of being a principal in the first degree under section 777.011 . . .
. . . or us in a firearm in violation of Sections 812.13, 812.135, 812.1350(a), 775.082, 775.083, 775.087, 777.011 . . .
. . . Rocker was convicted of first-degree murder as a principal under section 777.011, Florida Statutes (2008 . . .
. . . The instruction implements section 777.011, Florida Statutes, which provides: Principal in first degree . . . whether he or she is or is not actually or constructively present at the commission of such offense. § 777.011 . . . On the contrary, under section 777.011, a person who “commits any criminal offense ... or aids, abets . . .
. . . Section 777.011, Florida Statutes (2010), provides, Whoever commits any criminal offense against the . . .
. . . The law of principal in the first degree, section 777.011, Florida Statutes (2011), defines that status . . .
. . . . §§ 777.011, .04(2), Fla. Stat. (2011). . . .
. . . In defining “principal” section 777.011, Florida Statutes, states: Whoever commits any criminal offense . . .
. . . In 1998, Figueroa was charged by information with “Robbery with a firearm, F.S. 812.13, 775.087, 777.011 . . . there was the use of force, violence, assault or putting in fear, contrary to Florida Statute 812.13, 777.011 . . . , in violation of Florida Statute(s) 812.13, 775.087, 777.011. . . .
. . . . § 777.011, Fla. Stat. (1999) (emphasis added). . . .
. . . course of committing said Robbery, [Harris] did carry a firearm; contrary to Chapter 812.13(2)(a)*777.04*777.011 . . .
. . . Section 777.011, Florida Statutes, provides that a principal in the first degree is one who “commits . . . procures such offense to be committed, and such offense is committed or is attempted to be committed.” § 777.011 . . .
. . . defendant committed aggravated child abuse, as defined in s. 827.03, in violation of s. 787.01(3)(a) and s. 777.011 . . .
. . . See § 777.011, Fla. . . . defendant did not commit the actual robbery, he was charged based on the principal theory under section 777.011 . . . See § 777.011, Fla. . . .
. . . was misbranded or adulterated, in violation of Florida Statutes 499.0691(3)(b), 499.0691(3)(a), and 777.011 . . . pharmacist in the State of Florida, in violation of Florida Statutes 465.015(2)(b), 465.015(4) and 777.011 . . . Section 777.011, Florida Statutes (2003), which is charged in all four counts, is the “principal” statute . . .
. . . See §§ 777.011; 812.13(2)(c), Fla. Stat. (2008). . See §§ 784.011(2); 812.014(3), Fla. . . .
. . . See § 777.011, Fla. Stat. (2007). . . .
. . . . § 777.011, Fla. Stat. (2009). . . .
. . . Stat. (2007); § 777.011, Fla. Stat. (2007). . . .
. . . State, 909 So.2d 951, 952 (Fla. 2d DCA 2005); see also § 777.011, Fla. . . .
. . . The indictment also charged Hernandez as a principal in the first degree, see § 777.011, Fla. . . .
. . . armed robbery with a firearm or destructive device in violation of sections 812.13(2)(A), 775.087 and 777.011 . . . defendant possessed a firearm or destructive device in violation of s. 812.13(2)(A) and 775.087 and s. 777.011 . . . defendant possessed a firearm or destructive device in violation of s. 812.13(2)(A) and 775.087 and s. 777.011 . . . defendant possessed a firearm or destructive device in violation of s. 812.13(2)(A) and 775.087 and s. 777.011 . . .
. . . . §§ 777.011 and 777.04(3), which generally make it a crime to aid and abet or conspire with another . . .
. . . great bodily harm was inflicted upon ERIC WILLIAMS ..., a human being, in violation of s. 782.04(1), s. 777.011 . . . bodily harm was inflicted upon EDWARD LEON BERNARD ..., a human being, in violation of s. 782.04(1), s. 777.011 . . . WADE, a human being, with a weapon, to wit: A firearm, in violation of s. 782.04(1), s. 777.04(1), s. 777.011 . . .
. . . 837.02, Florida Statutes (1991), which makes perjury in an official proceeding a felony, and by section 777.011 . . .
. . . Additionally, section 777.011, Florida Statutes (2002), provides that “[wjhoever ... aids, abets, counsels . . .
. . . Section 777.011, Florida Statutes (1989), discusses the concept of a first-degree principal to a crime . . .
. . . her involvement in preparations for a robbery made her a principal to Moses Williams’ robbery, see § 777.011 . . .
. . . (Crim.) 3.5(a); § 777.011, Fla. Stat. (2007); Valdez v. . . .
. . . . §§ 836.05, 777.011, 777.04; conspiracy to commit murder in violation of Ind.Code §§ 35-41-5-2, 35-42 . . .
. . . Stat. (2004) (addressing use of firearm during commission of felony); § 777.011, Fla. . . . The defendant and co-defendant were also charged as principals of the crimes under section 777.011, Florida . . .
. . . State, 668 So.2d 954, 964-65 (Fla.1996) (citing § 777.011, Fla. Stat. (1993)) (citation omitted). . . .
. . . repeatedly which could have caused the death of the said Glen Moore, contrary to F.S. 782.04(l)(a), F.S. 777.011 . . .
. . . Section 777.011 provides for the culpability of principals to a felony: Whoever commits any criminal . . .
. . . . § 777.011 (1997). . . . Stat. § 777.011 (1997); or (2) he may have assisted in some manner that did not leave DNA evidence. . . .
. . . an offense, although sufficient to convict the person as a principal in such offense under Section 777.011 . . . The 1995 version of the principal statute provided: 777.011 Principal in first degree.— Whoever commits . . .
. . . guilty of third-degree murder based on harboring himself, the district court reasoned that under section 777.011 . . .
. . . defendant responsible for the criminal act of the actual shooter was “principal liability” under section 777.011 . . . The statute reads as follows in full: 777.011 Principal in first degree.— Whoever commits any criminal . . . whether he or she is or is not actually or constructively present at the commission of such offense. § 777.011 . . . It also is settled that the “criminal offense” referenced in section 777.011 is the criminal offense . . . Applying section 777.011 to this crime, the attempted murderer was the shooter; the woman who exhorted . . .
. . . wit: FRAUDULENT INSURANCE MEDICAL BILLINGS FOR HORACIO ACOSTA, in violation of s. 817.234(1) and s[.] 777.011 . . . claim, to wit: FRAUDULENT MEDICAL BILLINGS FOR WILLIE AMOS, in violation of s. 817.234(1) and s[.] 777.011 . . . /or PRINCIPALS and/or SHAREHOLDERS, as owner or custodian, in violation of s. 817.034(4)(a)3 and s. 777.011 . . . wit: FRAUDULENT INSURANCE MEDICAL BILLINGS FOR HORACIO ACOSTA, in violation of s. 817.234(1) and s[.] 777.011 . . . claim, to wit: FRAUDULENT MEDICAL BILLINGS FOR WILLIE AMOS, in violation of s. 817.234(1) and s[.] 777.011 . . . /or PRINCIPALS and/or SHAREHOLDERS, as owner or custodian, in violation of s. 817.034(4)(a)3 and s. 777.011 . . .
. . . STAT., IN VIOLATION OF S. 810.09(2)(A) AND 777.011 FLORIDA STATUTES. . . .
. . . J.M. was charged with disorderly conduct in violation of sections 877.03 and 777.011, Florida Statutes . . .
. . . Jury Instr. 3.5(a); see also § 777.011, Fla. Stat. (2001). The jury found Mr. . . .
. . . charged with one count of trafficking in cocaine by possession pursuant to sections 893.135(l)(b) and 777.011 . . .
. . . charged with one count of trafficking in cocaine by possession pursuant to sections 893.135(l)(b) and 777.011 . . .
. . . . §777.011 (2006); Ga. Code Ann. §16-2-20 (2003); Haw. Rev. . . .
. . . a controlled substance (methamphetamine), a second-degree felony in violation of sections 893.149 & 777.011 . . .
. . . State, 576 So.2d 1310 (Fla.1991); § 777.011, Fla. Stat. (2002); cf. Clines v. . . .
. . . State, 896 So.2d 718, 716 (Fla.1981); see § 777.011, Florida Statutes (2004) (“Whoever commits any criminal . . .
. . . . § 777.011. . . . Stat. § 777.011. . . .
. . . .” § 777.011, Fla. Stat. (2002). . . .
. . . The court noted that under section 777.011, the statute governing punishment for a principal, Clifford . . .
. . . Section 777.011, Florida Statutes, eliminates the distinctions between those who are actually or constructively . . . distinction is made between those who are the brains of the crime and those who are the arms of the crime. § 777.011 . . .
. . . Section 777.011, Florida Statutes (2003), provides: •Whoever commits any criminal offense against the . . .
. . . 837.02, Florida Statutes (1991), which makes perjury in an official proceeding a felony, and by section 777.011 . . .
. . . TR. 832; see § 777.011, Fla. Stat. (1999); Fla. Std. Jury Instr. (Crim.) 3.01. . . .
. . . . §§ 812.019, 777.011, Fla. Stat. (1997). . . . .
. . . engaging in) due to Horne’s role as “director” of the activity, which made him a principal under section 777.011 . . .
. . . being a principal to the offense of dealing in stolen property in violation of sections 812.019(1) and 777.011 . . .
. . . Section 777.011 (1989) of the Florida Statutes provides as follows: Principal in the first degree: Whoever . . .
. . . Section 777.011, Florida Statutes (2001) “treats those who aid, abet, or counsel another to commit a . . .
. . . of a felony of the third degree.... ” The state charged Marks and Borgan as principals under section 777.011 . . . any'prosecution for perjury” includes prosecutions for perjury by way of the “principals” statute, section 777.011 . . .
. . . . §§ 812.13(2)(a), 777.04, 777.011 and 775.087(2)(a)3 (2001). . Fla. . . . . §§ 812.13(2)(a), 777.04(3) and 777.011 (2001). . . . .
. . . controlled substance within 1,000 feet of a place of worship pursuant to sections 893.13(l)(e) and 777.011 . . . of principal to sale or delivery of a controlled substance pursuant to sections 898.1S(l)(a)l. and 777.011 . . .
. . . Pursuant to section 777.011, Florida Statutes (1999), a “principal in the first degree” is defined as . . .
. . . See § 777.011, Fla. Stat. (2001). Affirmed. . . .
. . . said in voices for payment, in violation of s. 812.014(l)(2)(a) and s. 812.035 and s. 775.15(4) and s. 777.011 . . .
. . . perpetrators committed a distinct, substantive offense of the first degree, then it appears that section 777.011 . . . Legislature will have to again amend section 775.0845, Florida Statutes, and state expressly that section 777.011 . . .
. . . . § 777.011, Fla. Stat. (1997). . . .
. . . See also § 777.011, Fla. Stat. (1999). The jury convicted defendant of the crimes charged. . . .
. . . As for the crime of lewd and lascivious molestation, section 777.011 of the Florida Statutes (1999) authorizes . . .