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Florida Assault Law
 

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)

ISAAC LAMAR JOHNSON v. STATE OF FLORIDA

The defendant appeals from his convictions for assault as a lesser included offense of strong arm robbery, and battery as a lesser included offense of false imprisonment. He argues that the trial court erred in overruling his hearsay objection to the responding officer’s testimony recounting the victim’s and the victim’s friend’s descriptions of the defendant on the night of the incident, which t... More...   $0 (08-28-2016 - FL)

Cortez Hatten v. State of Florida

Hatten was charged by amended information with five counts: count I,
murder in the second degree of Kenneth Moran; count II, attempted second-degree
murder of Ja’Tavrious McCray; count III, attempted second-degree murder of
Anthony Chavers, Jr.; count IV, aggravated assault with a firearm of Reshard
Jackson; and count V, possession of a firearm by a convicted felon. After tri... More...
   $0 (08-28-2016 - FL)

Victor Villanueva v. State of Florida

The Third District summarized the facts of this case as follows:
Villanueva was charged with one count of lewd and lascivious molestation of a child older than twelve, but less than sixteen years old. The victim, Y.V., was Villanueva’s daughter, from whom he had become estranged by the time the girl was nine. When Y.V. was twelve, her family ran into Villanueva and arrangements were made fo... More...
   $0 (07-08-2016 - FL)

Jeffrey Burch v. State of Florida

The state formally charged Burch by information with aggravated assault with a firearm, child abuse, and domestic battery. As part of his pre-trial release, the defendant was ordered to surrender any firearms, ammunition, and any concealed weapons permits to the nearest police department. The state subsequently filed an amended information charging Burch with aggravated assault with a firearm (C... More...   $0 (07-05-2016 - FL)

Moses McCray v. State of Florida*

The defendant appeals from his convictions on one count of aggravated assault with a firearm on a law enforcement officer, three counts of aggravated assault with a deadly weapon on a law enforcement officer, and one count of possession of a firearm by a convicted felon. The defendant primarily argues that, after he exhausted his peremptory strikes, the trial court erred in denying his motion to ... More...   $0 (07-05-2016 - FL)

CURTIS T. JOHNSON v. STATE OF FLORIDA

Curtis T. Johnson appeals his judgment and sentences for burglary of a dwelling with assault while armed with a firearm and two counts of robbery with a firearm. We affirm the judgment and sentences without comment, but we remand for entry of a written competency order, nunc pro tunc, to reflect the trial court's oral finding that Johnson was competent to proceed. ... More...   $0 (06-29-2016 - FL)

Jeffrey Burch v. State of Florida

The state formally charged Burch by information with aggravated assault with a firearm, child abuse, and domestic battery. As part of his pre-trial release, the defendant was ordered to surrender any firearms, ammunition, and any concealed weapons permits to the nearest police department. The state subsequently filed an amended information charging Burch with aggravated assault with a firearm (C... More...   $0 (06-29-2016 - FL)

Moses McCray v. State of Florida*

The defendant appeals from his convictions on one count of aggravated assault with a firearm on a law enforcement officer, three counts of aggravated assault with a deadly weapon on a law enforcement officer, and one count of possession of a firearm by a convicted felon. The defendant primarily argues that, after he exhausted his peremptory strikes, the trial court erred in denying his motion to ... More...   $0 (06-29-2016 - FL)

Alden Stephenson vs. The State of Florida

When Stephenson was fourteen years old, he was charged with armed
robbery, aggravated battery, and burglary with a battery (lower court case number
F00-28640B). When Stephenson was fifteen, he accepted a global plea offer to
resolve these charges, as well as seven other pending burglary cases. Per
Stephenson’s plea deal, he was placed on fifteen years of adult probation.
Wh... More...
   $0 (06-21-2016 - FL)

State of Florida v. Raymond Bright

A jury convicted Bright for the first-degree murders of Derrick King and
Randall Brown. Bright v. State, 90 So. 3d 249, 254 (Fla. 2012). The jury
recommended death by a vote of eight to four for the murders of both victims, and
the trial court sentenced Bright to death for both murders. Id. at 256.
On direct appeal, we previously detailed the facts leading to Bright’s death ... More...
   $0 (06-21-2016 - FL)

Jay Richard Curtis v. State of Florida*

After trial by jury, Curtis was convicted of burglary with assault or battery while armed with a firearm and wearing a mask, aggravated battery with a deadly weapon or causing bodily harm while wearing a mask, and robbery with a firearm while wearing a mask. He was sentenced to life in prison on the burglary charge and thirty years in prison on the other two charges. All of the sentences were im... More...   $0 (06-09-2016 - FL)

Greg D. Brown v. State of Florida*

Greg D. Brown appeals from a final judgment of conviction and sentence. Initially charged by information with one count of aggravated assault with a firearm (“count I”) and one count of aggravated battery with a firearm (“count II”), he was found guilty of the lesser-included offense of improper exhibition of a firearm for count I, and guilty for count II. Brown asserts that the trial court comm... More...   $0 (06-09-2016 - FL)

GREGORY AZOR v. STATE OF FLORIDA

Appellant was convicted of two counts of robbery with a firearm and one count of aggravated assault. We affirm these convictions without further comment, but reverse and remand for resentencing pursuant to the Florida Supreme Court’s recent decision in Williams v. State, 186 So. 3d 989 (Fla. 2016). Below, the trial court imposed consecutive mandatory minimum sentences pursuant to this court’s pr... More...   $0 (06-09-2016 - FL)

STATE OF FLORIDA v. FRANK J. BRICE, JR

Late on the night of July 6, 2013, police discovered Mr. Brice naked with
his girlfriend in the backseat of her mother's car. They were parked in an open lot
adjacent to a technical high school located in a local community center. As the police
approached the car, Mr. Brice jumped from the back seat to the front seat. The officers
saw Mr. Brice reach under the front seat and... More...
   $0 (06-06-2016 - FL)

Michael Mosley vs State of Florida

In this case, the appellant was convicted of one count of failure to report a
change in residency by a sexual offender as required by section 943.0435, Florida
Statutes. In order to convict under this statute, the state is required to prove, among
other things, that the person charged was convicted of certain qualifying sexual
offenses and was released from incarceration for t... More...
   $0 (05-28-2016 - FL)

Juan De Los Rios v. State of Florida

Juan De Los Rios, a former captain with the Miramar Police Department, appeals his conviction and sentence for lewd or lascivious conduct on a person under the age of sixteen. We affirm on all issues raised in this appeal, and write only to discuss appellant’s argument that the trial court erred in allowing the prosecutor to elicit testimony from the victim’s sister that the victim told her about... More...   $0 (05-28-2016 - FL)

Alan Edward Cramer v. State of Florida

After an altercation with Jessica Leder, hitting her with his car, and shooting into her house, Cramer was charged with aggravated assault with a firearm, felon in possession of a firearm, and shooting into a building. At trial, the State introduced eleven statements made by Cramer in jail call recordings. Cramer argues the trial court erred in admitting the following three statements because th... More...   $0 (05-18-2016 - FL)

 
 
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