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Florida Assault Law
 

JUAN DAVID RODRIGUEZ vs. STATE OF FLORIDA

The instant case is Juan David Rodriguez’s second successive
postconviction appeal. “Juan David Rodriguez was convicted of first-degree
murder, armed robbery, conspiracy to commit a felony, attempted armed robbery,
armed burglary with an assault, aggravated assault, and attempted first-degree


- 2 -
murder.” Rodriguez v. State (Rodriguez I), 609 So. 2d 493, 49... More...
   $0 (04-23-2017 - FL)

ROBERT LEE RUMPH v. STATE OF FLORIDA

"

Robert Lee Rumph, Jr., appeals the judgment and sentence imposed upon him by the trial court after he pled no contest to second-degree murder with a firearm pursuant to a negotiated plea agreement. He argues that the trial court committed reversible error when it failed to follow the proper competency procedures and failed to enter a written order finding him competent to proceed before it permit... More...   $0 (04-14-2017 - FL)

CALVIN WEATHERSPOON vs. STATE OF FLORIDA

Weatherspoon, along with four codefendants, was charged with the
November 2008 robbery of a Dunkin’ Donuts in Delray Beach, Florida. During
the course of the robbery, one of the codefendants shot two people in the store and
one in the parking lot. All four codefendants were charged pursuant to a single
information containing multiple counts, including attempted first-degree m... More...
   $0 (04-08-2017 - FL)

VICTOR GUZMAN vs. STATE OF FLORIDA

On December 9, 2000, Severina Fernandez was found stabbed to death in
her Miami apartment. The case went cold until 2004, when DNA from blood left
at the crime scene was determined to match Victor Guzman’s DNA. As a result,
Guzman was indicted for first-degree murder, stood trial, and was convicted. The
jury recommended a sentence of death by a vote of seven to five, and the... More...
   $0 (04-07-2017 - FL)

United States of America v. Dayne Antani Christian, a/k/a Shakur and Darren Arness Jackson, a/k/a Daoud

Federal Courthouse - Miami, Florida

Miami, FL - Two Florida Men Plead Guilty to Conspiring to Provide Material Support to ISIL

Two Palm Beach County, Florida, residents pleaded guilty in federal court in West Palm Beach to conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization. ISIL is also known by the acronym ISIS (the Islamic State of Iraq an... More...
   $0 (04-05-2017 - FL)

ALEX RODRIGUEZ v. STATE OF FLORIDA

The State charged Mr. Rodriguez with two counts of aggravated assault with a firearm involving actual possession and discharge (counts 1 and 2), one count of discharging a firearm in public (count 3), and one count of shooting into an unoccupied vehicle (count 4). The State entered a nolle prosequi on count 4, and the jury found Mr. Rodriguez guilty as charged on the remaining counts. At sentenc... More...   $0 (04-02-2017 - FL)

MORGAN AMANDA LEPPERT v. STATE OF FLORIDA

Morgan Amanda Leppert appeals her judgment and sentence for first-degree murder, burglary with assault or battery, and robbery with a deadly weapon. Leppert raises four issues: 1) her lengthy sentence violates the Eighth Amendment prohibition against cruel and unusual punishment laid out in Graham v. Florida, 560 U.S. 48 (2010); 2) the trial court erred in not having a jury determine whether she... More...   $0 (04-01-2017 - FL)

GANGAPERSAD RAMROOP vs. STATE OF FLORIDA

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The conflict issue in this case is whether section 782.065, Florida Statutes
(2013),1 creates a su... More...
   $0 (04-01-2017 - FL)

DWAYNE F. WHITE vs. STATE OF FLORIDA

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The evidence introduced at trial during the guilt phase established the
following facts. Dwayne Fitzgerald White and the victim, Sarah Yvonne Rucker,
had been in... More...   $0 (04-01-2017 - FL)

BRANDON LEE BRADLEY vs. STATE OF FLORIDA

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Brandon Lee Bradley and Andria Kerchner were seen by another Econo
Lodge guest and motel employees loading Econo Lodge property, including
pillows, sheets, and an... More...   $0 (04-01-2017 - FL)

TAVARES J. WRIGHT vs. STATE OF FLORIDA

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On November 13, 2004, a jury found Wright guilty of two counts of first
degree murder, two counts of kidnapping, two counts of robbery, and one count of
carjacking. See Wright v. State, 19 So. 3d 277, 2... More...   $0 (03-18-2017 - FL)

SCOTT K. TOBIASSEN vs STATE OF FLORIDA

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On August 13, 2013, Tobiassen called his friend and told her that he needed to see her. When the friend arrived, Tobiassen showe... More...
   $0 (03-13-2017 - FL)

JAMMIE SIMMONS v. STATE OF FLORIDA

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Jammie Simmons timely appeals his convictions and sentences for aggravated assault on a law enforc... More...
   $0 (03-13-2017 - FL)

HOWARD STEVEN AULT vs. STATE OF FLORIDA

The facts of this case were set forth in Ault’s first direct appeal:
Howard Steven Ault was charged with two counts of firstdegree murder in the deaths of two young sisters, eleven-year-old Deanne Mu’min and seven-year-old Alicia Jones. Ault was also charged with two counts of sexual battery on a child under twelve years old, two counts of kidnaping a child under thirteen years old, and two ... More...
   $0 (03-13-2017 - FL)

Robert F. Woodall, III v. State Of Florida   

The State of Florida timely appeals Robert Woodall’s resentencing for aggravated
battery with a firearm pursuant to Florida Rule of Criminal Procedure 3.800(a), arguing
that the lower court failed to reimpose Woodall’s twenty-year mandatory minimum
sentence after it erroneously concluded that the jury did not make a clear finding that
Woodall discharged a firearm during the of... More...
   $0 (03-06-2017 - FL)

Dale Lee Norman v. State of Florida

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On February 19, 2012, Dale Lee Norman received by mail a license issued
by the Florida Department ... More...
   $0 (03-06-2017 - FL)

QUENTIN MARCUS TRUEHILL vs. STATE OF FLORIDA

Quentin Truehill, who was twenty-two years old at the time, was charged
with the kidnapping and murder of Vincent Binder, who was twenty-nine years
old. Truehill’s crime spree began on the evening of March 30, 2010, at the
Avoyelles Parish Sheriff’s Office in Mansura, Louisiana, when Truehill and two
other cellmates, Kentrell F. Johnson1 and Peter Hughes,2 held the holding-cel... More...
   $0 (02-24-2017 - FL)

Derrick Grantley vs. The State of Florida

Derrick Grantley appeals the revocation of his probation and the resulting
sentences for twelve underlying felonies he committed as a juvenile. We affirm
without further comment Grantley’s probation revocation, but we reverse and
remand for resentencing under the juvenile sentencing legislation enacted in 2014,
as required by the Florida Supreme Court’s decision in Kelsey v. St... More...
   $0 (02-12-2017 - FL)

Caleb Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi

Taylor Clark was known to sell marijuana occasionally. On the night of July 11,
2009, Taylor went to the home of his dealer’s girlfriend, Karen Hickinbottom, to return the
dealer’s cell phone. While Taylor was there, a man showed up and asked to talk to Taylor.
Taylor went outside with him. When Taylor came back inside, he said the man had wanted
to buy drugs. The man came to ... More...
   $0 (02-04-2017 - FL)

Zachary Taylor Wood v. State of Florida

On the evening of April 19, 2014, an Alabama State Trooper began a high-
speed pursuit of a gold-colored Toyota Camry on Alabama State Highway 167,
just south of the city of Enterprise, Alabama. The pursuit ended when the Camry
and the patrol car crashed into a ditch off a nearby county road after the patrol car
was shot at from the Camry during the chase. Once both cars were... More...
   $0 (02-03-2017 - FL)

State of Florida v. Christopher Markus

The factual events of the incident began in the early evening of Saturday,
April 17, 2010, at the home of Justin McCumbers, Brandon Junk, and Eric Blair.
At the time, Christopher Markus had an agreement under which he would live in
the home for two to four nights per week in a spare bedroom and pay $400 rent per
month. McCumbers testified that Markus was staying overnight on ... More...
   $0 (02-03-2017 - FL)

TAVARES DAVID CALLOWAY vs. STATE OF FLORIDA

On January 21, 1997, eighteen-year-old Anthony Strachan was at home in
his family’s apartment on 580 Northwest 64th Street in Miami, cutting a friend’s
hair. Strachan went into the kitchen and, through the kitchen window, saw one of
his neighbors, “Shorty,” standing outside on 64th Street with two unknown men.
One man, who wore a skull cap and a heavy brown coat that resemble... More...
   $0 (01-27-2017 - FL)

Quamain Tyjuan Williams vs State of Florida

In this direct appeal from appellant’s conviction and sentence as a principal
to aggravated assault with a deadly weapon and shooting into a building, we affirm
the denial of appellant’s motion for judgment of acquittal without discussion. ... More...
   $0 (01-21-2017 - FL)

Jason W. Wagner vs. The State of Florida

The State filed a three-count information charging Reed with 1) attempted
second-degree murder of Dwight Lamar Murphy; 2) attempted second-degree
murder of Stephanie L. Jackson (“Jackson”); and 3) burglary of an occupied
dwelling accompanied by an assault or battery. Following trial, the jury found
Reed guilty of the lesser-included offense of aggravated battery as to Count 1 a... More...
   $0 (01-21-2017 - FL)

STANLEY MCCLOUD vs. STATE OF FLORIDA

McCloud was charged with first-degree murder in the death of his wife,
Sandra McCloud. McCloud shot Sandra with a .357 magnum in her bedroom and
in the presence of their two small children. Sandra died from a single gunshot
wound to the chest. One of the children sustained a grazing wound from the same
gunshot. Both McCloud and Sandra had been drinking for hours before the ... More...
   $0 (01-21-2017 - FL)

TERRY BESS v.STATE OF FLORIDA

Terry Bess (the defendant) appeals his judgment and sentence, entered by the
trial court after a jury found him guilty of committing a lewd or lascivious battery. Because
the State properly concedes that the trial court erred in failing to conduct a Richardson1
1 Richardson v. State, 246 So. 2d 771 (Fla. 1971) (providing that, when a disco... More...
   $0 (01-17-2017 - FL)

JESSE LEE PENN vs STATE OF FLORIDA

The defendant appeals from his convictions for two counts of aggravated assault with a discharged firearm and his sentence of two twenty-year mandatory minimum prison terms to be served consecutively. The defendant raises three arguments: (1) the trial court erred in denying his motions for judgment of acquittal; (2) the trial court committed fundamental error when it charged the jury using Flor... More...   $0 (12-15-2016 - FL)

William Thompson v. State of Florida

Thompson pled guilty to the March 30, 1976, brutal beating death of the victim, Sally Ivester. Thompson v. State, 389 So. 2d 197, 198 (Fla. 1980). In Thompson, this Court described the crimes, which occurred when William Lee Thompson was 24 years old:

The appellant Thompson, Rocco Surace, Barbara Savage, and the victim Sally Ivester were staying in a motel room. The girls were instruc... More...
   $0 (11-21-2016 - FL)

Leon Davis, Jr. v. State of Florida

STATEMENT OF FACTS AND PROCEDURAL HISTORY
The Events at Headley Insurance
The evidence introduced at Davis’s trial revealed the following. Around
3 p.m. on December 13, 2007, Davis entered the Lake Wales location of the
Headley Insurance Agency (Headley) with the intent to commit robbery. Davis
was armed with a loaded .357 magnum revolver and equipped with duct tape, a <... More...
   $0 (11-21-2016 - FL)

Robert Pernell McCloud v. State of Florida

Robert McCloud appeals his convictions and sentences for the first-degree
murders of Dustin Freeman and Tamiqua Taylor. During the afternoon of October
3, 2009, McCloud and Andre Brown were driving around the Malibu
neighborhood of Orlando, Florida, when they ran into Joshua Bryson. The three


- 2 -
visited Major Griffin at his house, where a series of discuss... More...
   $0 (11-21-2016 - FL)

United States of America v. Bryan Grover Marley

Sebring Resident Sentenced to Prison for Unlawfully Dealing Firearms on Facebook

A Sebring resident was sentenced to federal prison, for dealing firearms without a license and making a false statement to a licensed firearms dealer.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Brandt Schenken, Special Agent in Charge for the Bureau of Alcohol... More...
   $0 (11-07-2016 - FL)

BYRON DAMON LAVENDER v. STATE OF FLORIDA

Case No. - 2D15-417

Byron Damon Lavender appeals his judgment and sentence for burglary of a dwelling with assault. We affirm his judgment without further comment. We also affirm his sentence,1 but we write to address his challenge to the imposition of two special conditions of probation for which the State conceded error. Special condition 17 required Lavender to maintain an hourly accounting of all of his activ... More...   $0 (11-07-2016 - FL)

FUTO CHARLES vs STATE OF FLORIDA

Appellant was indicted along with several co-defendants on allegations 1 We deny the State’s motion to certify questions of great public importance. 2 that he was a member of the “Top 6” gang, a violent criminal enterprise operating in Palm Beach County. Appellant initially cooperated with the authorities in hopes of securing a plea agreement. The record reveals that two plea agreements w... More...   $0 (10-29-2016 - FL)

Clemente Javier Aguirre-Jarquin v. State of Florida & Clemente Javier Aguirre-Jarquin V. Julie L. Jones, etc.

In 2006, Aguirre was convicted and sentenced to death for the 2004 murders of Cheryl Williams and Carol Bareis, who were stabbed to death in their home. Aguirre-Jarquin v. State, 9 So. 3d 593 (Fla. 2009). In its opinion in Aguirre’s direct appeal, this Court explained the evidence presented at trial as follows: Aguirre was born in Honduras in 1980 and came to the United States in March of 20... More...   $0 (10-29-2016 - FL)

GLENN BLAIR vs STATE OF FLORIDA

The issue presented in this appeal is whether the trial court erred in assessing points for “penetration” in calculating appellant’s sentencing guideline scoresheet, after revoking probation. In this case appellant pled to charges that alleged, in the alternative, elements of union or penetration, and the nature of the charges did not require proof of penetration. We find the inclusion of points... More...   $0 (10-07-2016 - FL)

Ahmad Gary Sheaffers vs State of Florida

Appellant was convicted of one count of shooting at, into or within a
building; one count of shooting or discharging a firearm from a vehicle; and two
counts of aggravated assault by threat with firearm. As to the aggravated assaults,
the jury found beyond a reasonable doubt that Appellant actually fired shots at both
victims. At the time Appellant was sentenced, prevailing c... More...
   $0 (09-20-2016 - FL)

ROBERT LEE DAVIS, JR. vs STATE OF FLORIDA

In 1991, Appellant entered a plea to attempted first degree murder with a firearm, attempted second degree murder with a firearm, and aggravated assault with a firearm. Appellant committed the offenses on February 4, 1991, when he was 16 years old. The trial court sentenced Appellant to consecutive terms of 40 years for the attempted first degree murder, 30 years for the attempted second degree ... More...   $0 (09-20-2016 - FL)

CRANE CO., R.J. REYNOLDS TOBACCO CO. v. RICHARD DELISLE and ALINE DELISLE

Crane Co. and R.J. Reynolds Tobacco Co. appeal from an adverse jury verdict in favor of Richard DeLisle in which the jury found that both appellants’ products containing asbestos were substantial contributing causes to appellee DeLisle’s mesothelioma and awarded substantial damages. Crane primarily argues that the court erred in not excluding expert causation testimony, in denying its motion for ... More...   $0 (09-20-2016 - FL)

State of Florida v. Matthew Apperson

Sanford, FL - Jury Finds Defendant Guilty On Attempted Murder Charge

The State of Florida charged Matthew Apperson with attempted second dgree muder with a firearm, shooting into an occupied vehicle and aggravated assault with a firearm for shooting a gun in a 2015 road-rage incident involving George Zimmerson on Lake Mary Boulevard.

Apperson claimed self-defense.

Zimmer... More...
   $0 (09-17-2016 - FL)

Donald Vernon Kelley vs State of Florida

Among a bevy of other offenses, the State charged Appellant with Lewd or
Lascivious Battery (victim 12 or older, but less than 16) and two counts of Lewd or
Lascivious Conduct (victim under 16). At trial, Appellant requested the court
2
instruct the jury on the permissive lesser-included offense of Unnatural and
Lascivious Act (Unnatural). The court declined; and it did... More...
   $0 (09-06-2016 - FL)

 
 
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