Florida Statute 924.34 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

View Entire Chapter

F.S. 924.34

924.34 When evidence sustains only conviction of lesser offense.—When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser statutory degree of the offense or a lesser offense necessarily included in the offense charged, the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense.

History.—s. 310, ch. 19554, 1939; CGL 1940 Supp. 8663(323); s. 161, ch. 70-339; s. 1558, ch. 97-102.

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F.S. 924.34 on CourtListener

Amendments to 924.34

Annotations, Discussions, Cases:

Cases Citing Statute 924.34

Total Results: 244

Crain v. State

894 So. 2d 59, 2004 WL 2404057

Supreme Court of Florida | Filed: Oct 28, 2004 | Docket: 1767692

Cited 106 times | Published

to commit homicide. Accordingly, pursuant to section 924.34, Florida Statutes (1997),[17] we reverse the

Coolen v. State

696 So. 2d 738, 1997 WL 268909

Supreme Court of Florida | Filed: May 22, 1997 | Docket: 1696110

Cited 61 times | Published

second-degree murder.[5] Thus, in accordance with section 924.34, Florida Statutes (1995), this case is remanded

Cochran v. State

547 So. 2d 928, 1989 WL 84110

Supreme Court of Florida | Filed: Jul 27, 1989 | Docket: 192132

Cited 56 times | Published

I believe we have no other recourse under section 924.34, Florida Statutes (1985), than to direct the

Green v. State

715 So. 2d 940, 1998 WL 253982

Supreme Court of Florida | Filed: May 21, 1998 | Docket: 1365952

Cited 36 times | Published

his death sentence, and, in accordance with section 924.34, Florida Statutes (1997), we remand this case

Coicou v. State

39 So. 3d 237, 35 Fla. L. Weekly Supp. 194, 2010 Fla. LEXIS 515, 2010 WL 1234922

Supreme Court of Florida | Filed: Apr 1, 2010 | Docket: 60294862

Cited 32 times | Published

be discharged. Id. The court held that under section 924.34, Florida Statutes (2001), Coicou’s conviction

State v. Sigler

967 So. 2d 835, 2007 WL 2947773

Supreme Court of Florida | Filed: Oct 11, 2007 | Docket: 1733664

Cited 32 times | Published

district court's determination that application of section 924.34, Florida Statutes (2001), in this instance

Royal v. State

490 So. 2d 44, 11 Fla. L. Weekly 274

Supreme Court of Florida | Filed: Jun 26, 1986 | Docket: 1489649

Cited 31 times | Published

robbery with a firearm, we find that, pursuant to section 924.34, Florida Statutes (1983),3 they may *Page 47

Kirkland v. State

684 So. 2d 732, 1996 WL 606745

Supreme Court of Florida | Filed: Oct 24, 1996 | Docket: 1482358

Cited 28 times | Published

supports a conviction for second-degree murder, section 924.34 of the Florida Statutes (1991)[2] authorizes

Gould v. State

577 So. 2d 1302, 1991 WL 36680

Supreme Court of Florida | Filed: Mar 21, 1991 | Docket: 1160361

Cited 28 times | Published

district court, under the purported authority of section 924.34, Florida Statutes (1985), directed the trial

Snipes v. State

17 So. 2d 93, 154 Fla. 262, 1944 Fla. LEXIS 675

Supreme Court of Florida | Filed: Mar 10, 1944 | Docket: 3270086

Cited 28 times | Published

825, 192 So. 402; Douglas v. State, supra. Section 924.34, Fla. Stats. 1941, confers upon the Supreme

Hall v. State

403 So. 2d 1319

Supreme Court of Florida | Filed: Jul 16, 1981 | Docket: 1250215

Cited 27 times | Published

second-degree murder.[3] In accordance with section 924.34, Florida Statutes (1979), this case is remanded

IT v. State

694 So. 2d 720, 1997 WL 228417

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1450130

Cited 26 times | Published

included offense of grand theft, G.C. argued that section 924.34, Florida Statutes[1] prohibited the court from

State v. Wilson

680 So. 2d 411, 1996 WL 365715

Supreme Court of Florida | Filed: Jul 3, 1996 | Docket: 1201824

Cited 25 times | Published

existed in Florida. The state argued that under section 924.34, Florida Statutes (1995),[1] the district court

Jaimes v. State

51 So. 3d 445, 35 Fla. L. Weekly Supp. 710, 2010 Fla. LEXIS 2080, 2010 WL 4977507

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 2401248

Cited 21 times | Published

count of aggravated battery. REMEDY Under section 924.34, Florida Statutes (2010), when an appellate

Mordica v. State

618 So. 2d 301, 1993 WL 136089

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 1376242

Cited 20 times | Published

simple battery pursuant to section 784.03. See § 924.34, Fla. Stat. (1989) ("When the appellate court

Hoefert v. State

617 So. 2d 1046, 1993 WL 64614

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 457879

Cited 18 times | Published

of second-degree murder. In accordance with section 924.34, Florida Statutes (1991), this case is remanded

Taylor v. State

608 So. 2d 804, 1992 WL 332710

Supreme Court of Florida | Filed: Nov 12, 1992 | Docket: 366194

Cited 18 times | Published

DCA 1974). However, under the authority of section 924.34, Florida Statutes (1989), the court directed

State v. TMB

716 So. 2d 269

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 426569

Cited 17 times | Published

Court held that a section of chapter 924, i.e., section 924.34,[2] applies to juvenile proceedings. Premised

Hines v. State

227 So. 2d 334

District Court of Appeal of Florida | Filed: Oct 23, 1969 | Docket: 376145

Cited 17 times | Published

2d 448 (Fla. 1968). Therefore, pursuant to Section 924.34, Florida Statutes, F.S.A., the judgment of

McKee v. State

33 So. 2d 50, 159 Fla. 794, 1947 Fla. LEXIS 962

Supreme Court of Florida | Filed: Dec 9, 1947 | Docket: 3270198

Cited 17 times | Published

and enter or pass sentence accordingly. See Section 924.34, supra. THOMAS, C. J., and SEBRING, J., concur

Light v. State

841 So. 2d 623, 2003 WL 1785923

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1234093

Cited 16 times | Published

manslaughter and to resentence Mr. Light accordingly. See § 924.34, Fla. Stat. (2002). CASANUEVA and DAVIS, JJ.,

Sigler v. State

805 So. 2d 32, 2001 WL 1538544

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 523452

Cited 14 times | Published

evidentiary support, and must be reversed. Section 924.34, Florida Statutes, provides that when the appellate

Bledsoe v. State

764 So. 2d 927, 2000 WL 1152456

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 470327

Cited 14 times | Published

Bledsoe's burglary conviction. Pursuant to section 924.34, Florida Statutes (1999), and the Florida Supreme

Dean v. State

406 So. 2d 1162

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 1510070

Cited 14 times | Published

should enter judgment for the lesser offense. § 924.34, Fla. Stat. (1979). Gary's felony conviction cannot

Martinez v. State

360 So. 2d 108

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 1474884

Cited 14 times | Published

reduce the judgment of conviction to manslaughter. § 924.34, Fla. Stat. (1977). *109 Our review of the record

Johnson v. State

91 So. 2d 185

Supreme Court of Florida | Filed: May 23, 1956 | Docket: 1332307

Cited 14 times | Published

accessory before the fact to manslaughter. Section 924.34, Fla. Stat. 1953, F.S.A. In the first place

Arnold v. State

83 So. 2d 105

Supreme Court of Florida | Filed: Jul 15, 1955 | Docket: 1341984

Cited 14 times | Published

the case in accordance with the provisions of Section 924.34, Florida Statutes, F.S.A., which reads as follows:

Davis v. State

973 So. 2d 1277, 33 Fla. L. Weekly Fed. D 540

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 538178

Cited 13 times | Published

offenses for which we could direct a judgment. See § 924.34, Fla. Stat. (2005). We therefore reverse Davis'

Randall v. State

760 So. 2d 892, 2000 WL 422865

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1695293

Cited 13 times | Published

vacate his death sentences. In accordance with section 924.34, Florida Statutes (1995), we remand this case

Gould v. State

558 So. 2d 481, 1990 WL 27935

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 1407743

Cited 13 times | Published

and the jury was instructed on that charge. Section 924.34, Florida Statutes (1987), provides: When the

Ellison v. State

547 So. 2d 1003, 1989 WL 90481

District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 1475089

Cited 13 times | Published

as to warrant a conviction for manslaughter. Section 924.34, Florida Statutes (1987), provides that "[w]hen

Weaver v. State

220 So. 2d 53

District Court of Appeal of Florida | Filed: Feb 26, 1969 | Docket: 1727754

Cited 13 times | Published

why a new trial should be had, and pursuant to § 924.34, F.S.A., providing as follows: "In a case where

GC v. State

560 So. 2d 1186, 1990 WL 6486

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1478037

Cited 12 times | Published

a portion of the criminal appeals statute, section 924.34, Florida Statutes (1989), which provides: When

Williamson v. State

510 So. 2d 335, 12 Fla. L. Weekly 1656

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1754173

Cited 12 times | Published

murder. Therefore, under the provisions of section 924.34, Florida Statutes (1985), we are authorized

Harris v. State

954 So. 2d 1260, 2007 WL 1223445

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 2515579

Cited 11 times | Published

lesser-included offense of possession of cocaine. See § 924.34, Fla. Stat.;[3]Crain v. State, 894 So.2d 59, 76

Cox v. State

764 So. 2d 711, 2000 WL 775584

District Court of Appeal of Florida | Filed: Jun 19, 2000 | Docket: 3308

Cited 11 times | Published

cocaine, in accordance with the provisions of section 924.34, Florida Statutes. As to the second issue,

Duckett v. State

686 So. 2d 662, 1996 WL 709210

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 1259901

Cited 11 times | Published

561 So.2d 576, 577 (Fla.1990). Pursuant to section 924.34, Florida Statutes (1991), we reverse Duckett's

Johnson v. State

569 So. 2d 872, 1990 WL 172827

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 1660550

Cited 11 times | Published

remand to the trial court for that purpose. See § 924.34, Fla. Stat. (1989); Gould v. State, 558 So.2d

Santiago v. State

991 So. 2d 439, 2008 WL 4489064

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1725290

Cited 10 times | Published

quantity of the illegal drug found in plain view. See § 924.34, Fla. Stat. (2006). Accordingly, resentencing

Behn v. State

621 So. 2d 534, 1993 WL 255546

District Court of Appeal of Florida | Filed: Jul 13, 1993 | Docket: 1677807

Cited 10 times | Published

motion we have considered the applicability of section 924.34, Florida Statutes (1991), to the present case

Burrell v. State

601 So. 2d 628, 1992 WL 143651

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 1305332

Cited 10 times | Published

to enter judgment for the lesser offense. See § 924.34, Fla. Stat. (1991). This, however, brings us to

Sanchez v. State

101 So. 3d 1283, 2012 Fla. App. LEXIS 21396, 2012 WL 6169125

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60226215

Cited 9 times | Published

Remanded. TAYLOR and CONNER, JJ., concur. . Section 924.34, Florida Statutes (2010), provides: When the

Sanders v. State

905 So. 2d 271, 2005 WL 1539705

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 57321

Cited 9 times | Published

the lesser offense of false imprisonment, see § 924.34, Fla. Stat. (2001), and to resentence Sanders

RAM v. State

695 So. 2d 1308, 1997 WL 353541

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 2027616

Cited 9 times | Published

1996). Although the court in I.T. held that section 924.34 applies in juvenile delinquency proceedings

Shaara v. State

581 So. 2d 1339, 1991 WL 75540

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 2549515

Cited 9 times | Published

the state that the trial court, pursuant to section 924.34, Florida Statutes (1989), is authorized to

Tien Wang v. State

426 So. 2d 1004, 1983 Fla. App. LEXIS 18463

District Court of Appeal of Florida | Filed: Jan 11, 1983 | Docket: 1283449

Cited 9 times | Published

So.2d 731 *1008 (1942); Weaver v. State, supra; § 924.34, Fla. Stat. (1981). Reversed and remanded with

Platt v. State

291 So. 2d 96

District Court of Appeal of Florida | Filed: Mar 6, 1974 | Docket: 1350928

Cited 9 times | Published

appellant Platt is reduced pursuant to Fla. Stat. § 924.34 (1971), F.S.A. to breaking and entering with intent

Smith v. State

239 So. 2d 284

District Court of Appeal of Florida | Filed: Aug 12, 1970 | Docket: 1527762

Cited 9 times | Published

commit a misdemeanor, pursuant to Florida Statutes § 924.34 (1967), F.S.A., in which event the trial judge

Channell v. State

107 So. 2d 284

District Court of Appeal of Florida | Filed: Oct 1, 1958 | Docket: 79488

Cited 9 times | Published

lesser offense and pass sentence accordingly. Section 924.34, Florida Statutes, F.S.A.; Bronson v. State

Poole v. State

30 So. 3d 696, 2010 Fla. App. LEXIS 3918, 2010 WL 1135907

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639520

Cited 8 times | Published

CASANUEVA, C.J., and NORTHCUTT, J., Concur. NOTES [1] § 924.34, Fla. Stat. (2007). [2] In a taped interview

Cummings v. State

715 So. 2d 944, 1998 WL 303862

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 1717032

Cited 8 times | Published

him as a principal in the crime. Pursuant to section 924.34, Florida Statutes (1997), we reverse the conviction

Hoskins v. Dept. of Business Regulation

592 So. 2d 1145, 1992 WL 573

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 1728079

Cited 8 times | Published

2d DCA 1991) (appellate court, pursuant to section 924.34, Florida Statutes (1987), directed trial court

Edwards v. State

213 So. 2d 274

District Court of Appeal of Florida | Filed: Aug 13, 1968 | Docket: 364500

Cited 8 times | Published

for a proper sentence. He relies on Fla. Stat. § 924.34, F.S.A. In breaking and entering with the intent

Nelson v. State

157 So. 2d 96

District Court of Appeal of Florida | Filed: Oct 22, 1963 | Docket: 1416066

Cited 8 times | Published

Assault and Battery, § 33, p. 130. Therefore, under § 924.34, Fla. Stat., F.S.A., the judgment should be reversed

Larry v. State

61 So. 3d 1205, 2011 Fla. App. LEXIS 6766, 2011 WL 1810604

District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 2325967

Cited 7 times | Published

controlled substance and remanded for resentencing. See § 924.34, Fla. Stat. (2010); Higdon, 814 So.2d at 1197;

House v. State

831 So. 2d 1230, 2002 WL 31769268

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1722951

Cited 7 times | Published

omitted; emphasis in original). Pursuant to section 924.34, Florida Statutes (2001), this court may direct

Lopez v. State

716 So. 2d 301, 1998 WL 422142

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 424778

Cited 7 times | Published

State, 498 So.2d 1258, 1261 (Fla. 1986). Under section 924.34, Florida Statutes, "[w]hen the appellate court

Fisher v. State

715 So. 2d 950, 1998 WL 309071

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1716934

Cited 7 times | Published

him as a principal in the crime. Pursuant to section 924.34, Florida Statutes (1997), we reverse the conviction

Coley v. State

616 So. 2d 1017, 1993 WL 72060

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1367985

Cited 7 times | Published

lesser included offense under authority of section 924.34, Florida Statutes (1989). That statute provides

Spencer v. State

217 So. 2d 331

District Court of Appeal of Florida | Filed: Nov 26, 1968 | Docket: 1195905

Cited 7 times | Published

time of the theft. In conformity to F.S. 1967, Section 924.34, F.S.A., we hereby reverse the judgment and

Lambert v. State

111 So. 2d 68

District Court of Appeal of Florida | Filed: Apr 21, 1959 | Docket: 1427885

Cited 7 times | Published

in the information. Pursuant, therefore, to Section 924.34, Florida Statutes, F.S.A., the judgment of

Williams v. State

101 So. 2d 877

District Court of Appeal of Florida | Filed: Apr 1, 1958 | Docket: 1696676

Cited 7 times | Published

So. 538. [2] Fla. 1950, 44 So.2d 81. [3] F.S. § 924.34, F.S.A.

Slack v. State

30 So. 3d 684, 2010 Fla. App. LEXIS 3844, 2010 WL 1076284

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1639297

Cited 6 times | Published

Florida Statutes (2006), on the authority of section 924.34, Florida Statutes (2009). Mr. Slack was charged

Michelson v. State

927 So. 2d 890, 2005 WL 1026188

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1765655

Cited 6 times | Published

second-degree murder conviction. Pursuant to section 924.34, Florida Statutes (1997), this court remanded

Sampson v. State

863 So. 2d 404, 2003 WL 23094783

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1728641

Cited 6 times | Published

included offense of possession. Thus, pursuant to section 924.34, Florida Statutes (2002), Sampson's conviction

Coicou v. State

867 So. 2d 409, 2003 WL 22900639

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1722608

Cited 6 times | Published

do not agree that he should be discharged. Section 924.34, Florida Statutes (2001), states: When the

Pepitone v. State

846 So. 2d 640, 2003 WL 21241197

District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 1301451

Cited 6 times | Published

for the lesser-included offense of trespass. See § 924.34, Fla. Stat. (2002); I.T. v. State, 694 So.2d 720

Bell v. State

768 So. 2d 22, 2000 WL 1087643

District Court of Appeal of Florida | Filed: Aug 7, 2000 | Docket: 526677

Cited 6 times | Published

68 P.2d 364, 366 (1937). In accordance with section 924.34, Florida Statutes (1995), which provides that

Horn v. State

677 So. 2d 320, 1996 WL 168618

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1690064

Cited 6 times | Published

conviction to attempted manslaughter, pursuant to section 924.34, Fla.Stat. (1993). This court has previously

Wilson v. State

660 So. 2d 1067, 1995 WL 421895

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 1657663

Cited 6 times | Published

attempted felony murder and that pursuant to section 924.34, Florida Statutes (1993),[1] this court should

Marcum v. State

379 So. 2d 974

District Court of Appeal of Florida | Filed: Dec 27, 1979 | Docket: 1681245

Cited 6 times | Published

Accordingly, pursuant to Florida Statute, Section 924.34, the judgments of conviction of murder in the

Wheeler v. State

203 So. 3d 1007, 2016 Fla. App. LEXIS 16768

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 60257354

Cited 5 times | Published

charged under this subsection, we would apply section 924.34, Florida Statutes (2014), and direct the trial

Culver v. State

990 So. 2d 1206, 2008 WL 4276323

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1688032

Cited 5 times | Published

13(6)(a), and sentence her for that offense. See § 924.34, Fla. Stat. (2004); Ross v. State, 528 So.2d 1237

Gray v. State

939 So. 2d 1095, 2006 WL 2612664

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1657343

Cited 5 times | Published

lesser-included offense of false imprisonment. § 924.34, Fla. Stat. (2004). "False imprisonment" is defined

Sigler v. State

881 So. 2d 14, 2004 WL 1562912

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 1465515

Cited 5 times | Published

manslaughter (an intent crime) pursuant to section 924.34, we necessarily would be acting as the fact-finder

Santiago v. State

847 So. 2d 1060, 2003 WL 21338914

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1686741

Cited 5 times | Published

judgment and sentence for the lesser offense. See § 924.34, Fla. Stat. (1999) (directing appellate courts

Olsen v. State

751 So. 2d 108, 2000 WL 3958

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 1712499

Cited 5 times | Published

the offense or for the lesser included offense. § 924.34, Fla. Stat. (1997). Reverse Williams Rule Olsen

Pratt v. State

668 So. 2d 1007, 1996 WL 34062

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686893

Cited 5 times | Published

support of its position, the state relies on section 924.34, Florida Statutes (1991): 924.34 When evidence

Paige v. State

641 So. 2d 179, 1994 WL 419606

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 1152648

Cited 5 times | Published

intent to sell) can be sustained pursuant to section 924.34. That statute provides: 924.34. When evidence

Stamps v. State

620 So. 2d 1033, 1993 WL 177937

District Court of Appeal of Florida | Filed: Jul 8, 1993 | Docket: 1388964

Cited 5 times | Published

conviction under section 893.13(1)(e). Pursuant to section 924.34 we direct the trial court on remand to enter

NC v. State

581 So. 2d 647, 1991 WL 107112

District Court of Appeal of Florida | Filed: Jun 19, 1991 | Docket: 366273

Cited 5 times | Published

572 So.2d 1380, 1382 (Fla. 1991). Although section 924.34 of the Florida Statutes (1989) gives an appellate

Firkey v. State

557 So. 2d 582, 1989 WL 78350

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 456944

Cited 5 times | Published

susceptible to speculation or conjecture. However, section 924.34, Florida Statutes (1987), grants this court

Adams v. State

242 So. 2d 723

District Court of Appeal of Florida | Filed: Jan 12, 1971 | Docket: 1700308

Cited 5 times | Published

entering with intent to commit petit larceny. Section 924.34, Florida Statutes Annotated. JOHNSON, C.J.

Gerald v. State

132 So. 3d 891, 2014 WL 560920, 2014 Fla. App. LEXIS 1966

District Court of Appeal of Florida | Filed: Feb 13, 2014 | Docket: 60238569

Cited 4 times | Published

assault to simple assault and for resentencing. See § 924.34, Fla. Stat. (2012); State v. Sigler, 967 So.2d

Carter v. State

77 So. 3d 849, 2012 Fla. App. LEXIS 535, 2012 WL 129846

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 2353642

Cited 4 times | Published

theft and to resentence Carter accordingly. See § 924.34, Fla. Stat. (2009) (providing that when the evidence

Valentin v. State

974 So. 2d 629, 2008 WL 508594

District Court of Appeal of Florida | Filed: Feb 27, 2008 | Docket: 1717299

Cited 4 times | Published

for simple possession of cocaine, pursuant to section 924.34, Florida Statutes (2006).[1] FARMER and GROSS

Simmons v. State

780 So. 2d 263, 2000 WL 33188170

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 1298849

Cited 4 times | Published

by sudden snatching, we remand, pursuant to section 924.34, Florida Statutes (2000), for the trial court

FN v. State

745 So. 2d 1149, 1999 WL 1243872

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1689182

Cited 4 times | Published

with the supreme court's interpretation of section 924.34, Florida Statutes (1995), in I.T. v. State

Ellis v. State

714 So. 2d 1160, 1998 WL 428808

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 461543

Cited 4 times | Published

Counts VIII, IX, and X. Next, we conclude that section 924.34, Florida Statutes (1995), is applicable in

Lindsey v. State

416 So. 2d 471

District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 1224651

Cited 4 times | Published

resentence the defendants in this regard. See Section 924.34, Florida Statutes (1979). Defendants also raise

Angel v. State

305 So. 2d 283

District Court of Appeal of Florida | Filed: Dec 19, 1974 | Docket: 457054

Cited 4 times | Published

previously been convicted of a felony. See Section 924.34, Florida Statutes; Davis v. State, Fla.App

Hernandez v. State

56 So. 3d 752, 35 Fla. L. Weekly Supp. 714, 2010 Fla. LEXIS 2083, 2010 WL 4977481

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60298635

Cited 3 times | Published

we consider the remedy to be applied. Under section 924.34, Florida Statutes (2010): When the appellate

Hernandez v. State

56 So. 3d 752, 35 Fla. L. Weekly Supp. 714, 2010 Fla. LEXIS 2083, 2010 WL 4977481

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60298635

Cited 3 times | Published

we consider the remedy to be applied. Under section 924.34, Florida Statutes (2010): When the appellate

Aldacosta v. State

41 So. 3d 1096, 2010 Fla. App. LEXIS 12164, 2010 WL 3238999

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1295513

Cited 3 times | Published

simple battery and an appropriate sentence. See § 924.34, Fla. Stat. (2007); State v. Sigler, 967 So.2d

Jones v. State

908 So. 2d 615, 2005 WL 2016241

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 1397392

Cited 3 times | Published

solicitation to commit aggravated battery. See § 924.34, Fla. Stat. ("When the appellate court determines

Carrin v. State

875 So. 2d 719, 2004 WL 1237113

District Court of Appeal of Florida | Filed: Jun 7, 2004 | Docket: 1283930

Cited 3 times | Published

on other grounds, 561 So.2d 576 (Fla.1990). Section 924.34, Florida Statutes (2001), states: When the

Brumit v. State

843 So. 2d 978, 2003 WL 1969195

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 268322

Cited 3 times | Published

section 827.03(1), Florida Statutes (1999). See § 924.34, Fla. Stat. (2002); Ellis v. State, 714 So.2d

Tillman v. State

842 So. 2d 922, 2003 WL 1023022

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1439857

Cited 3 times | Published

397; Fowler, 492 So.2d at 1352. Pursuant to section 924.34, Florida Statutes (1997), we must next determine

Michelson v. State

805 So. 2d 983, 2001 WL 1540465

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 523455

Cited 3 times | Published

evidentiary support, and must be reversed. Section 924.34, Florida Statutes (1997), provides that when

LF v. State

694 So. 2d 840, 1997 WL 280104

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 1449950

Cited 3 times | Published

court's construction of similar language in section 924.34, Florida Statutes, in Gould v. State, 577 So

State v. Pratt

682 So. 2d 1096, 1996 WL 658520

Supreme Court of Florida | Filed: Nov 14, 1996 | Docket: 1087472

Cited 3 times | Published

STATE v. GRAY, 654 So.2d 552 (Fla.1995), AND SECTION 924.34, FLORIDA STATUTES (1991), REQUIRE OR PERMIT

Allen v. State

622 So. 2d 526, 1993 WL 274457

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 1528975

Cited 3 times | Published

methamphetamine and to sentence accordingly. See § 924.34, Fla. Stat. (1991). Reversed and remanded for

Shellman v. State

620 So. 2d 1010, 1993 WL 113316

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1386882

Cited 3 times | Published

either Ransom or Fudge. Having said all of that, section 924.34, Florida Statutes (1991), provides that when

Taylor v. State

589 So. 2d 997, 1991 WL 239922

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 1730648

Cited 3 times | Published

reversed, we direct the trial court, pursuant to section 924.34, Florida Statutes (1989), to enter a judgment

Golden v. State

578 So. 2d 480, 1991 WL 63755

District Court of Appeal of Florida | Filed: Apr 24, 1991 | Docket: 440303

Cited 3 times | Published

v. State. As we are authorized to do under section 924.34, Florida Statutes (1987), we direct the trial

Wolfe v. State

576 So. 2d 915, 1991 WL 41044

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1242996

Cited 3 times | Published

ill fame.[2] As we are authorized to do under section 924.34, Florida Statutes (1987), we direct the trial

JUAN MESEN v. STATE OF FLORIDA

271 So. 3d 164

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048694

Cited 2 times | Published

included offense of attempt in this case. See § 924.34, Fla. Stat. (2018).

JUAN MESEN v. STATE OF FLORIDA

271 So. 3d 164

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048694

Cited 2 times | Published

included offense of attempt in this case. See § 924.34, Fla. Stat. (2018).

Cooks v. State

249 So. 3d 774

District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 64683364

Cited 2 times | Published

worth a total of $796. Therefore, pursuant to section 924.34, Florida Statutes, the cause should be remanded

Anthony Keith Council v. State of Florida

206 So. 3d 155, 2016 Fla. App. LEXIS 18298

District Court of Appeal of Florida | Filed: Dec 12, 2016 | Docket: 4551396

Cited 2 times | Published

but less than $20,000, a third-degree felony. § 924.34, Fla. Stat. (2016). We review the trial court’s

Harris v. State

76 So. 3d 1080, 2011 Fla. App. LEXIS 20661, 2011 WL 6785226

District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 60304163

Cited 2 times | Published

a firearm pursuant to section 924.34, Florida Statutes (2011). Section 924.34 provides as follows: When

Wess v. State

67 So. 3d 1133, 2011 Fla. App. LEXIS 11853, 2011 WL 3198822

District Court of Appeal of Florida | Filed: Jul 28, 2011 | Docket: 2362535

Cited 2 times | Published

enter a judgment of theft, as authorized by section 924.34, Florida Statutes. Factual Background The

Tribbitt v. State

984 So. 2d 624, 2008 WL 2435572

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1752257

Cited 2 times | Published

and to resentence Tribbitt for that crime. See § 924.34, Fla. Stat. (2005) (providing that when the evidence

Brumit v. State

971 So. 2d 205, 2007 WL 4576394

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1445790

Cited 2 times | Published

offense of child abuse, relying on a statute. See § 924.34, Fla. Stat. (2005) ("When the appellate court

Keys v. State

949 So. 2d 1080, 2007 WL 258141

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 1719954

Cited 2 times | Published

Offenses in the Standard Jury Instructions (2004). Section 924.34, Florida Statutes (2004),[1] would authorize

JIS v. State

902 So. 2d 890, 2005 WL 1262325

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 1674922

Cited 2 times | Published

section 784.03(1) (simple battery) on appeal. See § 924.34, Fla. Stat. (2003). The better practice, in my

CCM v. State

782 So. 2d 537, 2001 WL 376512

District Court of Appeal of Florida | Filed: Apr 17, 2001 | Docket: 456415

Cited 2 times | Published

State, 694 So.2d 720 (Fla.1997) (applying section 924.34, Florida Statutes in a juvenile delinquency

McCauley v. State

405 So. 2d 1350

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1348251

Cited 2 times | Published

Martinez v. State, 360 So.2d 108 (Fla. 3d DCA 1978); § 924.34, Fla. Stat. (1979). [3] Fla. Std. Jury Instr

Darryl Lewis Davis v. State of Florida & SC16-1739 Darryl Lewis Davis v. State of Florida

235 So. 3d 320

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289811

Cited 1 times | Published

Davis’s convictions to robbery with a weapon. Cf. § 924.34, Fla. Stat. (2017) (allowing an appellate court

Richard Barnes v. State

218 So. 3d 500, 2017 WL 1969723, 2017 Fla. App. LEXIS 6852

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6063773

Cited 1 times | Published

and sentence Barnes accordingly. See § 924.34, Fla. Stat. (2014). 6 AFFIRMED, in

Ortiz v. State

192 So. 3d 517, 2016 WL 1718845, 2016 Fla. App. LEXIS 6547

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 60255362

Cited 1 times | Published

for resentencing Mr. Ortiz for that offense. See § 924.34, Fla. Stat. (2011) (“When the appellate court

Higgs v. State

139 So. 3d 411, 2014 WL 2130284, 2014 Fla. App. LEXIS 7810

District Court of Appeal of Florida | Filed: May 23, 2014 | Docket: 60241101

Cited 1 times | Published

authority for this procedure, the State cites to section 924.34, Florida Statutes (2011), which provides: When

Stanley v. State

112 So. 3d 718, 2013 WL 1891325, 2013 Fla. App. LEXIS 7349

District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60231237

Cited 1 times | Published

imprisonment and to sentence him for that crime. See § 924.34, Fla. Stat. (2010). Affirmed in part, reversed

M.S.O. v. State

73 So. 3d 842, 2011 Fla. App. LEXIS 17382

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60303490

Cited 1 times | Published

for the lesser included offense of petit theft. § 924.34, Fla. Stat. (2011). As to the other issue raised

MSO v. State

73 So. 3d 842, 2011 WL 5170285

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 2321873

Cited 1 times | Published

for the lesser included offense of petit theft. § 924.34, Fla. Stat. (2011). As to the other issue raised

Luther v. State

68 So. 3d 384, 2011 Fla. App. LEXIS 13415, 2011 WL 3754670

District Court of Appeal of Florida | Filed: Aug 26, 2011 | Docket: 2359887

Cited 1 times | Published

offense, and to resentence him accordingly. See § 924.34, Fla. Stat. (2009);[2]Paige v. State, 641 So.2d

V.C. v. State

63 So. 3d 831, 2011 Fla. App. LEXIS 7195, 2011 WL 1878004

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60301171

Cited 1 times | Published

included lesser offense of simple battery. See § 924.34, Fla. Stat. (2010) (“When the appellate court

J.L. v. State

57 So. 3d 924, 2011 Fla. App. LEXIS 3980

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60299203

Cited 1 times | Published

prove the lesser included offense of trespass.2 Section 924.34, Florida Statutes (2009), provides that when

Pallin v. State

965 So. 2d 1226, 2007 WL 2805606

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 446621

Cited 1 times | Published

conviction on the lesser-included charge. See § 924.34, Fla. Stat. (2003) (permitting an appellate court

Henderson v. State

952 So. 2d 1269, 2007 WL 1094148

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1346987

Cited 1 times | Published

possession of marijuana with intent to sell. See § 924.34, Fla. Stat. (2006); see also Bledsoe v. State

Festa v. State

927 So. 2d 1049, 2006 WL 1235740

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1765121

Cited 1 times | Published

offense of child abuse, relying on a statute. See § 924.34, Fla. Stat. (2005) ("When the appellate court

Cornejo v. State

892 So. 2d 1160, 2005 Fla. App. LEXIS 585, 2005 WL 156707

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835835

Cited 1 times | Published

conviction of third degree felony murder under section 924.34, Florida Statutes (2003), because the jury’s

Rayl v. State

891 So. 2d 1052, 2004 WL 2070050

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1704388

Cited 1 times | Published

guilty of manslaughter on remand pursuant to section 924.34, Florida Statutes (2000). Accordingly, Rayl's

Thornton v. State

884 So. 2d 276, 2004 WL 1809922

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1683053

Cited 1 times | Published

WHATLEY and NORTHCUTT, JJ., Concur. NOTES [1] Section 924.34, Florida Statutes (2000), allows this court

BBP v. State

841 So. 2d 687, 2003 WL 1856400

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1234011

Cited 1 times | Published

finding B.B.P. guilty of grand theft pursuant to section 924.34, Florida Statutes (2001). We agree that the

Lee v. State

685 So. 2d 1275, 1996 WL 713495

Supreme Court of Florida | Filed: Dec 12, 1996 | Docket: 1735208

Cited 1 times | Published

STATE V. GRAY, 654 So.2d 552 (Fla.1995), AND SECTION 924.34, FLORIDA STATUTES (1991), REQUIRE OR PERMIT

State v. Horn

684 So. 2d 186, 1996 WL 693599

Supreme Court of Florida | Filed: Dec 5, 1996 | Docket: 1740709

Cited 1 times | Published

STATE V. GRAY, 654 So.2d 552 (Fla.1995), AND SECTION 924.34, FLORIDA STATUTES (1991) REQUIRE OR PERMIT

Steverson v. State

677 So. 2d 398, 1996 WL 416122

District Court of Appeal of Florida | Filed: Jul 26, 1996 | Docket: 2548910

Cited 1 times | Published

murder and impose an appropriate sentence. See § 924.34, Fla. Stat. (1995); Newbold v. State, 667 So.2d

Lee v. State

670 So. 2d 169, 1996 WL 128173

District Court of Appeal of Florida | Filed: Mar 25, 1996 | Docket: 1246382

Cited 1 times | Published

STATE V. GRAY, 654 So.2d 552 (Fla.1995), AND SECTION 924.34, FLORIDA STATUTES (1991), REQUIRE OR PERMIT

Robert Wayne Lincoln v. State of Florida

District Court of Appeal of Florida | Filed: Dec 30, 2024 | Docket: 69505486

Published

guilty by the jury. The State urges us to use section 924.34, Florida Statues, to correct this error. It

JOHN GARCIA v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270651

Published

be reduced to third- degree grand theft. See § 924.34, Fla. Stat. (2013); Council v. State, 206 So.

ISAAC M. DILVER, JR. v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 16, 2022 | Docket: 65757908

Published

prejudicial error. Fla. R. Crim. P. 3.620. See § 924.34, Fla. Stat. (2022) (providing: “When the appellate

BARIAN KEITH PARRISH, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368610

Published

Instead, we remand on that count pursuant to section 924.34, Florida Statutes (2015), for entry of a judgment

BARIAN KEITH PARRISH, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678208

Published

Instead, we remand on that count pursuant to section 924.34, Florida Statutes, for entry of a judgment

GERARDO SANCHEZ, SR. v. STATE OF FLORIDA

270 So. 3d 515

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048696

Published

second-degree misdemeanor criminal mischief. See § 924.34, Fla. Stat. (2015) ("When the appellate

Garcia v. State

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034045

Published

must be reduced to third-degree grand theft. See § 924.34, Fla. Stat. (2013); Council v. State, 206 So.

Parrondo v. State

239 So. 3d 777

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326602

Published

3d 445, 451 (Fla. 2010) (noting that under section 924.34 of the Florida Statute, “when an appellate

I.L. v. State

240 So. 3d 81

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 64675477

Published

See State v. Sigler, 967 So.2d 835 (Fla. 2007) ; § 924.34, Fla. Stat. (2016).

I.L. v. State

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311533

Published

See State v. Sigler, 967 So. 2d 835 (Fla. 2007); § 924.34, Fla. Stat. (2016).

Marsh v. State

219 So. 3d 214, 2017 WL 1969499, 2017 Fla. App. LEXIS 6774

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6061248

Published

of battery on a licensed security officer. See § 924.34, Fla. Stat. (2016); Rodriguez v. State, 964 So

Gangapersad Ramroop v. State of Florida

214 So. 3d 657, 42 Fla. L. Weekly Supp. 381, 2017 WL 1177635, 2017 Fla. LEXIS 691

Supreme Court of Florida | Filed: Mar 30, 2017 | Docket: 4658700

Published

for resentencing ... for that offense” under section 924.34, Florida Statutes, 3 “the

Poczatek v. State

213 So. 3d 1065, 2017 WL 945529, 2017 Fla. App. LEXIS 3226

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4616398

Published

child commits a felony of the third degree ....”); § 924.34, Fla. Stat. (2013) (providing that “[w]hen the

Thomas v. State

212 So. 3d 410, 2017 WL 922375, 2017 Fla. App. LEXIS 3115

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 60263363

Published

for simple possession of cocaine, pursuant to section 924.34, Florida Statutes (2016), and for resentencing

Richard Barnes v. State

District Court of Appeal of Florida | Filed: Jan 30, 2017 | Docket: 4583354

Published

second-degree murder, and sentence Barnes accordingly. See § 924.34, Fla. Stat. (2014);5 AFFIRMED, in part;

Williams v. State

199 So. 3d 424, 2016 Fla. App. LEXIS 12736, 2016 WL 4446484

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415727

Published

offense of aggravated assault with a firearm. • Section 924.34, Florida Statutes (2014), permits an appellate

Vernord Lavon Bright v. State of Florida

191 So. 3d 497, 2016 WL 1437769, 2016 Fla. App. LEXIS 5543

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052601

Published

lesser offense have been determined by the jury, section 924.34 is a .valid exercise of the legislative prerogative

Wiechert v. State

170 So. 3d 109, 2015 Fla. App. LEXIS 9917, 2015 WL 3973073

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679121

Published

for second-degree petit theft. See § 924.34, Fla. Stat. (2013) (providing that when the evidence

Graham v. State

169 So. 3d 123, 2015 Fla. App. LEXIS 3400, 2015 WL 1044221

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640562

Published

2007) (construing parallel statutory provision, section 924.34, Florida Statutes, to permit appellate court

Johnny Duriel Harris v. State

149 So. 3d 1160, 2014 Fla. App. LEXIS 17155, 2014 WL 5343550

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1419231

Published

that lesser included offense. § 924.34, Fla. Stat. (2011). Section 924.34 states: When the appellate

Masonett v. State

137 So. 3d 587, 2014 WL 1686468, 2014 Fla. App. LEXIS 6208

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240379

Published

STEVENSON, TAYLOR and CONNER, JJ., concur. . Section 924.34, Florida Statutes (2013), provides: When the

Masonett v. State

137 So. 3d 587, 2014 WL 1686468, 2014 Fla. App. LEXIS 6208

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240379

Published

STEVENSON, TAYLOR and CONNER, JJ., concur. . Section 924.34, Florida Statutes (2013), provides: When the

Watson v. State

133 So. 3d 1120, 2014 WL 493996, 2014 Fla. App. LEXIS 1621

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238689

Published

sufficient evidence of each element.”). Pursuant to section 924.34, Florida Statutes, we remand with instructions

Reno v. State

121 So. 3d 1174, 2013 WL 5309811, 2013 Fla. App. LEXIS 15065

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234364

Published

firearm. Under the *1175mandatory language of section 924.34, Florida Statutes (2011), we therefore remand

Russell v. State

114 So. 3d 419, 2013 WL 2359474, 2013 Fla. App. LEXIS 8583

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231918

Published

tamper with evidence. On remand, pursuant to section 924.34, Florida Statutes (2009),1 the trial court

J.K.K. v. State

92 So. 3d 299, 2012 WL 2913251, 2012 Fla. App. LEXIS 11692

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310209

Published

adjudication of petit theft as authorized by section 924.34, Florida Statutes (2006). WARNER, DAMOORGIAN

Hanson v. State

92 So. 3d 288, 2012 WL 2864388, 2012 Fla. App. LEXIS 11394

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310195

Published

offense were proven, we remand, pursuant to section 924.34, Florida Statutes (2010), for the trial court

Aycock v. State

87 So. 3d 1259, 2012 Fla. App. LEXIS 8272, 2012 WL 1859631

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60307917

Published

judgment for petit theft in accordance with section 924.34, Florida Statutes (2006). WARNER, DAMOORGIAN

Wallace v. State

66 So. 3d 1086, 2011 Fla. App. LEXIS 12978, 2011 WL 3586148

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2362604

Published

we address the proper remedy upon remand. Section 924.34, Florida Statutes (2008), provides: When the

Austin v. State

64 So. 3d 139, 2011 Fla. App. LEXIS 8391, 2011 WL 2200651

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 60301374

Published

sustain the grand theft conviction pursuant to section 924.34, Florida Statutes (2011), we reverse the conviction

Fritts v. State

58 So. 3d 430, 2011 Fla. App. LEXIS 5447, 2011 WL 1451770

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 60299372

Published

which he testified. Accordingly, pursuant to section 924.34, Florida Statutes (2010), we reverse the conviction

JL v. State

57 So. 3d 924, 2011 WL 1079074

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 2543474

Published

the lesser included offense of trespass.[2] Section 924.34, Florida Statutes (2009), provides that when

Canavan v. State

38 So. 3d 885, 2010 Fla. App. LEXIS 9565, 2010 WL 2594661

District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 60294841

Published

with the remaining elements of the offense. Section 924.34, Florida Statutes (2007), requires an appellate

Boggs v. State

27 So. 3d 246, 2010 Fla. App. LEXIS 1803, 2010 WL 569850

District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 2556107

Published

offense that was established by the evidence. See § 924.34, Fla. Stat. (2007). The trial court shall enter

Erskine v. State

23 So. 3d 1207, 2009 Fla. App. LEXIS 16064, 2009 WL 3446389

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 60281961

Published

is remanded for resentencing accordingly. See § 924.34, Fla. Stat. (2006). No separate error is asserted

Erskine v. State

23 So. 3d 1207, 2009 Fla. App. LEXIS 16064, 2009 WL 3446389

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 60281961

Published

is remanded for resentencing accordingly. See § 924.34, Fla. Stat. (2006). No separate error is asserted

Allen v. State

18 So. 3d 741, 2009 Fla. App. LEXIS 15624, 2009 WL 3320258

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 2558599

Published

for resentencing in conformity therewith. See § 924.34, Fla. Stat. (2007); see also State v. Sigler,

Carrin v. State

980 So. 2d 604, 2008 Fla. App. LEXIS 6938, 2008 WL 1930038

District Court of Appeal of Florida | Filed: May 5, 2008 | Docket: 64854703

Published

offense of culpable negligence pursuant to section 924.34, Florida Statutes (2001). We reversed the Appellant’s

Carrin v. State

978 So. 2d 115, 2008 WL 596504

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 2586002

Published

which the First District Court of Appeal cited section 924.34, Florida Statutes (2001), as construed by I

Phillips v. State

961 So. 2d 1137, 2007 Fla. App. LEXIS 12709, 2007 WL 2317187

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 64851637

Published

13(6)(b), and sentence him for that offense. See § 924.34, Fla. Stat. (2003); Grant v. State, 864 So.2d

Cole v. State

942 So. 2d 1010, 2006 WL 3498318

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1737155

Published

judgment for false imprisonment with a firearm, see § 924.34, Fla. Stat. (2003), and to resentence Cole accordingly

J.I.S. v. State

902 So. 2d 890, 2005 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 64838502

Published

section 784.03(1) (simple battery) on appeal. See § 924.34, Fla. Stat. (2003). The better practice, in my

Jones v. State

885 So. 2d 466, 2004 WL 2389918

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1685284

Published

sexual battery pursuant to section 794.011(5). See § 924.34, Fla. Stat. (2004).[1] Additionally, appellant

Dayes v. State

869 So. 2d 58, 2004 Fla. App. LEXIS 2825, 2004 WL 444149

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 64829116

Published

offense must be reduced to simple battery. See § 924.34, Fla. Stat. (1999). The State argues that this

B.B.P. v. State

841 So. 2d 687, 2003 Fla. App. LEXIS 4908

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 64821808

Published

finding B.B.P. guilty of grand theft pursuant to section 924.34, Florida Statutes (2001). We agree that the

Dortch v. State

848 So. 2d 1159, 2003 Fla. App. LEXIS 3777, 2003 WL 1386952

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 64823860

Published

cocaine and resentence appellant accordingly. See § 924.34, Fla. Stat. (2000). In all other respects, we

State v. Higdon

814 So. 2d 1196, 2002 Fla. App. LEXIS 5101, 27 Fla. L. Weekly Fed. D 872

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 64814679

Published

cannabis and resentence Higdon accordingly. See § 924.34, Fla. Stat. (1999). Reversed and remanded. BLUE

State v. Moore

814 So. 2d 1127, 2002 Fla. App. LEXIS 4454, 2002 WL 506834

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 64814663

Published

the evidence supports the conviction for them. § 924.34, Fla. Stat. (1995); Bledsoe v. State, 764 So.2d

Wilson v. State

808 So. 2d 1285, 2002 Fla. App. LEXIS 2958, 2002 WL 377028

District Court of Appeal of Florida | Filed: Mar 12, 2002 | Docket: 64812993

Published

properly instructed on it, we remand, pursuant to section 924.34, Florida Statutes, for the trial court to enter

Garcia v. State

800 So. 2d 725, 2001 Fla. App. LEXIS 17053, 2001 WL 1539139

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810401

Published

charge of driving with a suspended license. See § 924.34, Fla. Stat. (1997). Accordingly, we affirm Garcia’s

Smith v. State

793 So. 2d 1118, 2001 Fla. App. LEXIS 12536, 2001 WL 1013589

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 64808220

Published

sentence for driving under the influence. See § 924.34, Fla. Stat. PADOVANO and LEWIS, JJ„ CONCUR.

McCoy v. State

789 So. 2d 489, 2001 WL 753809

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1325991

Published

of a dwelling, rather than armed burglary. See § 924.34, Fla. Stat. (1999). Thus, we reverse both the

C.C.M. v. State

782 So. 2d 537, 2001 Fla. App. LEXIS 5051

District Court of Appeal of Florida | Filed: Apr 17, 2001 | Docket: 64804782

Published

State, 694 So.2d 720 (Fla.1997) (applying section 924.34, Florida Statutes in a juvenile delinquency

Williams v. State

776 So. 2d 358, 2001 Fla. App. LEXIS 796, 2001 WL 76320

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803245

Published

sentence for violation of section 790.23. See § 924.34, Florida Statutes. BARFIELD, C.J., and BROWNING

Himes v. State

775 So. 2d 381, 2000 Fla. App. LEXIS 15416, 2000 WL 1744803

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64802951

Published

State, 694 So.2d 720 (Fla.1997) (interpreting § 924.34, Fla. Stat. (1995))). Mr. Himes also disputes

Hinchcliff v. State

765 So. 2d 179, 2000 Fla. App. LEXIS 13925, 2000 WL 951425

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64799695

Published

Aug. 24, 2000) (on reh’g). In accordance with section 924.34, Florida Statutes (1997), the case is remanded

Braham v. State

766 So. 2d 297, 2000 Fla. App. LEXIS 1988, 2000 WL 232637

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64800128

Published

bodily injury charge must be reversed. However, section 924.34, Florida Statutes (1997), states: When the

F.N. v. State

745 So. 2d 1149, 1999 Fla. App. LEXIS 17062

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64792731

Published

with the supreme court’s interpretation of section 924.34, Florida Statutes (1995), in I.T. v. State

Lowman v. Moore

744 So. 2d 1210, 1999 Fla. App. LEXIS 14803, 1999 WL 1015290

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 64792235

Published

established that Lowman committed this offense. Section 924.34, Florida Statutes (1995), requires this court

Hall v. State

733 So. 2d 565, 1999 Fla. App. LEXIS 5505, 1999 WL 252727

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788398

Published

threaten the -victim with the knife). Pursuant to section 924.34, Florida Statutes (1997), we reverse the judgment

Grimes v. State

724 So. 2d 614, 1998 Fla. App. LEXIS 16019, 1998 WL 889809

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 64785563

Published

Category 1, lesser included offense of robbery. See § 924.34, Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim

Beckford v. State

748 So. 2d 284, 1998 Fla. App. LEXIS 9689, 1998 WL 428812

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64793787

Published

the necessarily lesser offense of assault. See § 924.34, Fla. Stat. (1995). At the appellant’s jury trial

State v. T.M.B.

716 So. 2d 269, 23 Fla. L. Weekly Supp. 180, 1998 Fla. LEXIS 603

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64782357

Published

Court held that a section of chapter 924, i.e., section 924.34,2 applies to juvenile proceedings. Premised

Kever v. State

704 So. 2d 222, 1998 Fla. App. LEXIS 880, 1998 WL 17026

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 64778280

Published

*223State, 682 So.2d 175 (Fla. 1st DCA 1996); § 924.34, Fla. Stat. The appellant’s convictions for lewd

R.A.M. v. State

695 So. 2d 1308, 1997 Fla. App. LEXIS 7240

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64774558

Published

1996). Although the court in I.T. held that section 924.34 applies in juvenile delinquency proceedings

L.F. v. State

694 So. 2d 840, 1997 Fla. App. LEXIS 5862

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774084

Published

court’s construction of similar language in section 924.34, Florida Statutes, in Gould v. State, 577 So

I.T. v. State

694 So. 2d 720, 22 Fla. L. Weekly Supp. 244, 1997 Fla. LEXIS 604

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 64774062

Published

included offense of grand theft, G.C. argued that section 924.34, Florida Statutes1 prohibited the court from

Jones v. State

691 So. 2d 33, 1997 Fla. App. LEXIS 3128, 1997 WL 149393

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 64772262

Published

included lesser offense of the crime charged. See § 924.34, Fla.Stat. (1993); Fla. Std.Jury Instr. (Grim

M.J.C. v. State

681 So. 2d 1203, 1996 Fla. App. LEXIS 11408, 21 Fla. L. Weekly Fed. D 2301

District Court of Appeal of Florida | Filed: Oct 25, 1996 | Docket: 64768552

Published

011(2)(b). In accordance with the provisions of section 924.34, Florida Statutes (1995), we reverse the judgment

M.J.C. v. State

681 So. 2d 1203, 1996 Fla. App. LEXIS 11408, 21 Fla. L. Weekly Fed. D 2301

District Court of Appeal of Florida | Filed: Oct 25, 1996 | Docket: 64768552

Published

011(2)(b). In accordance with the provisions of section 924.34, Florida Statutes (1995), we reverse the judgment

T.Y. v. State

660 So. 2d 771, 1995 Fla. App. LEXIS 9560, 1995 WL 539756

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 64758887

Published

offense.” Construing the comparable language of section 924.34, Florida Statutes (1985),2 in Gould v. State

Harris v. State

655 So. 2d 1179, 1995 Fla. App. LEXIS 5070, 1995 WL 276084

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 64756666

Published

remand for resentencing in accordance with section 924.34, Florida Statutes, which provides: When the

Williams v. State

651 So. 2d 1291, 1995 Fla. App. LEXIS 2562, 1995 WL 107426

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 64755051

Published

585 So.2d 1125 (Fla. 2d DCA 1991). However, section 924.34 requires that we direct the trial court to

Harris v. State

650 So. 2d 211, 1995 Fla. App. LEXIS 1320, 1995 WL 59546

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 64754189

Published

counts. The appellant contends that, under section 924.34, Florida Statutes (1993), when a court finds

Harris v. State

649 So. 2d 923, 1995 Fla. App. LEXIS 856, 1995 WL 44545

District Court of Appeal of Florida | Filed: Feb 7, 1995 | Docket: 64754080

Published

the lesser-included offense of sale of cocaine. § 924.34, Fla.Stat.; Paige v. State, 641 So.2d 179 (Fla

R.W. v. State

646 So. 2d 783, 1994 Fla. App. LEXIS 11466, 1994 WL 665417

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 64752751

Published

adjudication. However, we must also consider whether section 924.34, Florida Statutes (1991), requires that we

Butler v. State

605 So. 2d 176, 1992 Fla. App. LEXIS 10305, 1992 WL 251003

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670001

Published

attempted manslaughter with a firearm. But section 924.34, Florida Statutes, (1989), authorized this

In the Interest of N.C. v. State

581 So. 2d 647, 1991 Fla. App. LEXIS 5642

District Court of Appeal of Florida | Filed: Jun 19, 1991 | Docket: 64659593

Published

572 So.2d 1380, 1382 (Fla.1991). Although section 924.34 of the Florida Statutes (1989) gives an appellate

Long v. State

578 So. 2d 288, 1991 Fla. App. LEXIS 3771, 1991 WL 63756

District Court of Appeal of Florida | Filed: Apr 24, 1991 | Docket: 64658223

Published

v. State. As we are authorized to do under section 924.34, Florida Statutes (1987), we direct the trial

Frazier v. State

578 So. 2d 51, 1991 Fla. App. LEXIS 3595, 1991 WL 58881

District Court of Appeal of Florida | Filed: Apr 19, 1991 | Docket: 64658080

Published

sentence for robbery and, in *52accordance with section 924.34, Florida Statutes, remand with directions to

G.C. v. State

560 So. 2d 1186, 1990 Fla. App. LEXIS 564, 1990 WL 6486

District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 64650332

Published

a portion of the criminal appeals statute, section 924.34, Florida Statutes (1989), which provides: When

Easley v. State

509 So. 2d 1294, 12 Fla. L. Weekly 1703, 1987 Fla. App. LEXIS 9334

District Court of Appeal of Florida | Filed: Jul 15, 1987 | Docket: 64628432

Published

substances she received. Accordingly, pursuant to section 924.34, Florida Statutes (1985), we reverse the judgment

Reeves v. State

493 So. 2d 78, 11 Fla. L. Weekly 1864, 1986 Fla. App. LEXIS 9501

District Court of Appeal of Florida | Filed: Aug 27, 1986 | Docket: 64621251

Published

property of value. As a consequence, pursuant to section 924.34, Florida Statutes (1985), even if we were otherwise

Clay v. State

424 So. 2d 139, 1982 Fla. App. LEXIS 22023

District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 64594389

Published

reasonable doubt. Accordingly, pursuant to section 924.34, Florida Statutes (1979), the judgment of conviction

Singletary v. State

400 So. 2d 173, 1981 Fla. App. LEXIS 20321

District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 64583434

Published

Todd v. State, 187 So.2d 908 (Fla. 3d DCA 1966); § 924.34, Fla. Stat. (1979). Affirmed in part; reversed

In the Interest of R. R.

397 So. 2d 1051, 1981 Fla. App. LEXIS 19813

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64582407

Published

agree and reverse the adjudication. Pursuant to Section 924.34, Florida Statutes (1979), we conclude the evidence

Wright v. State

376 So. 2d 236, 1979 Fla. App. LEXIS 16156

District Court of Appeal of Florida | Filed: May 4, 1979 | Docket: 64572512

Published

of the offense or a lesser included offense. Section 924.34, Fla.Stat. (1977). It must have concluded that

Grasso v. State

353 So. 2d 635, 1977 Fla. App. LEXIS 17232

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 64562034

Published

guilt of manslaughter.2 Therefore, pursuant to Section 924.34, Florida Statutes (1975), the judgment of conviction

Johnson v. State

353 So. 2d 889, 1977 Fla. App. LEXIS 17257

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 64562102

Published

sentence on the lesser offenses of petit larceny. Section 924.34, Florida Statutes (1975). Reversed and remanded

Clark v. State

337 So. 2d 798, 1976 Fla. LEXIS 4497

Supreme Court of Florida | Filed: Sep 16, 1976 | Docket: 64555212

Published

324 So.2d 630 (Fla.1975). On the authority of Section 924.34, Fla.Stat. (1973), this cause is remanded with

State v. Thornton

327 So. 2d 227, 1976 Fla. LEXIS 4395

Supreme Court of Florida | Filed: Feb 11, 1976 | Docket: 64552577

Published

possession of not more than five grams of marijuana. Section 924.34, Florida Statutes (1973); e. g., Bornstein

Cleare v. State

321 So. 2d 122, 1975 Fla. App. LEXIS 15540

District Court of Appeal of Florida | Filed: Oct 28, 1975 | Docket: 64550075

Published

error has been demonstrated. In conformity with § 924.34, Fla.Stat., F.S.A., I would reverse the judgment

Bryan v. State

290 So. 2d 515, 1974 Fla. App. LEXIS 8021

District Court of Appeal of Florida | Filed: Feb 20, 1974 | Docket: 64537391

Published

greater is found defective. I think Fla. Stat. § 924.34, F.S.A. (1971) should be interpreted to allow

West v. State

289 So. 2d 758, 1974 Fla. App. LEXIS 8129

District Court of Appeal of Florida | Filed: Jan 22, 1974 | Docket: 64537152

Published

and by virtue of the provisions of Fla.Stat. § 924.34, F.S.A., the judgment and sentence appealed is

Harvey v. State

273 So. 2d 100, 1973 Fla. App. LEXIS 7232

District Court of Appeal of Florida | Filed: Jan 29, 1973 | Docket: 64530359

Published

conviction for breaking and entering. Thus, pursuant to § 924.34, Fla.Stat., F.S. A.,1 we reverse the conviction

Holmes v. State

272 So. 2d 149, 1973 Fla. LEXIS 4872

Supreme Court of Florida | Filed: Jan 15, 1973 | Docket: 64529953

Published

Winburn v. State, 28 Fla. 339, 9 So. 694; Fla.Stat. § 924.34, F.S.A. We have carefully examined appellant’s

Davis v. State

261 So. 2d 517, 1972 Fla. App. LEXIS 6863

District Court of Appeal of Florida | Filed: May 9, 1972 | Docket: 64525662

Published

lesser included *518offense of petit larceny. Section 924.34, Florida Statutes Annotated. SPECTOR, C. J

Singleton v. State

258 So. 2d 313, 1972 Fla. App. LEXIS 7219

District Court of Appeal of Florida | Filed: Feb 23, 1972 | Docket: 64524494

Published

remanded to enter judgment, pursuant to Fla.Stat. § 924.34 (1969), F.S.A.5 adjudicating Singleton guilty

McDaniel v. State

221 So. 2d 758, 1969 Fla. App. LEXIS 5969

District Court of Appeal of Florida | Filed: Apr 9, 1969 | Docket: 64509494

Published

time of the theft. In conformity to F.S. 1967, Section 924.34, F.S.A., we hereby reverse the judgment and

Spencer v. State

217 So. 2d 332, 1968 Fla. App. LEXIS 4625

District Court of Appeal of Florida | Filed: Nov 26, 1968 | Docket: 64507842

Published

without merit. In conformity to F.S. 1967, Section 924.34, F.S.A., we hereby reverse the judgment and

Miller v. State

212 So. 2d 388, 1968 Fla. App. LEXIS 5325

District Court of Appeal of Florida | Filed: Jun 28, 1968 | Docket: 64506004

Published

are without merit. Pursuant to Florida Statutes § 924.34 (1967), F.S.A., judgment of the trial court is

Thompson v. State

207 So. 2d 692, 1968 Fla. App. LEXIS 5964

District Court of Appeal of Florida | Filed: Mar 5, 1968 | Docket: 64504372

Published

impose sentences therefor as provided by law. See: § 924.34, Fla.Stat., F.S.A.; Bronson v. State, 152 Fla

Moore v. State

183 So. 2d 563, 1966 Fla. App. LEXIS 5549

District Court of Appeal of Florida | Filed: Mar 2, 1966 | Docket: 64495796

Published

Fla.App.1962, 136 So.2d 367. In conformity to section 924.34, Florida Statutes, F.S.A., we hereby reverse

Truluck v. State

108 So. 2d 748

Supreme Court of Florida | Filed: Jan 14, 1959 | Docket: 60191715

Published

170 So. 445. Pursuant to the provisions of Section 924.-34, F.S.1957, F.S.A., the judgment is reversed

Sheffield v. State

73 So. 2d 65, 1954 Fla. LEXIS 1499

Supreme Court of Florida | Filed: Mar 2, 1954 | Docket: 64485628

Published

murder in the second degree. So, by authority of Section 924.34, Florida Statutes 1951, and F.S.A., the judgment