Florida Statute 924.34 | Lawyer Caselaw & Research

The 2024 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.

F.S. 924.34 on Google Scholar

F.S. 924.34 on Casetext

Amendments to 924.34

Arrestable Offenses / Crimes under Fla. Stat. 924.34

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.34.

Annotations, Discussions, Cases:

Cases Citing Statute 924.34

Total Results: 20

JOHN GARCIA v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-26

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2022-11-16

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

Garrett Statler v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-10-13

Snippet: subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the

BARIAN KEITH PARRISH, JR. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-09-08

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2021-02-24

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

GERARDO SANCHEZ, SR. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 270 So. 3d 515

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

JUAN MESEN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 271 So. 3d 164

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

Garcia v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-01

Snippet: be reduced to third-degree grand theft. See § 924.34, Fla. Stat. (2013); Council v. State, 206 So. 3d

Cooks v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-28

Citation: 249 So. 3d 774

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

Parrondo v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 777

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

I.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-02-21

Citation: 240 So. 3d 81

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

I.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-02-21

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

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

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 320

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

Richard Barnes v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-12

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

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

Marsh v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-12

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

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

Gangapersad Ramroop v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-03-30

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

Snippet: resentencing ... for that offense” under section 924.34, Florida Statutes, 3 “the *668

Poczatek v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-03-10

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

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

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-03-08

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

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

Richard Barnes v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-30

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

Anthony Keith Council v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-12-12

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

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