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Florida Assault Law
 

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)

Ronald Pak Zern vs State of Florida

Ronald Pak Zern, Appellant, appeals from his convictions for aggravated
assault, aggravated battery on a person sixty-five years of age or older, improper
exhibition of a firearm, and tampering with evidence. He argues that the trial court
erred in failing to make an independent finding of competence or incompetence
2
after ordering psychological evaluations and schedulin... More...
   $0 (05-14-2016 - FL)

DEANTHONY E. MIKE v. STATE OF FLORIDA

Deanthony E. Mike appeals his judgments and sentences for attempted second-degree murder, aggravated assault with a firearm, and discharging a firearm from a vehicle. We are required to reverse because the trial court committed fundamental error in instructing the jury on attempted manslaughter.1 "[A] trial court commits fundamental error in giving the standard jury instruction on attempted ma... More...   $0 (04-15-2016 - FL)

The State of Florida vs. Wesley Foley

The State of Florida petitions for a Writ of Certiorari and seeks to partially
quash the trial court’s Order on State’s Motion to Compel Production of Evidence.
We dismiss the State’s Petition as the State has failed to demonstrate irreparable
harm as a result of the trial court’s order.
The respondent, Wesley Foley, is currently on trial for burglary with assault
or ba... More...
   $0 (03-30-2016 - FL)

United States of America v. Joseph Michael Sharkey

Virginia Man Pleads Guilty To Assaulting A Flight Attendant On Jacksonville Flight

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Joseph Michael Sharkey (36, Reston, VA) has pleaded guilty to assault or intimidation of a flight attendant. He faces a maximum penalty of 20 years in federal prison. After pleading guilty yesterday, Sharkey was ordered to r... More...
   $0 (03-23-2016 - FL)

United States of America v. Joseph Michael Sharkey

Jacksonville, FL - Virginia Man Pleads Guilty To Assaulting A Flight Attendant On Jacksonville Flight

Joseph Michael Sharkey (36, Reston, VA) has pleaded guilty to assault or intimidation of a flight attendant. He faces a maximum penalty of 20 years in federal prison. After pleading guilty, Sharkey was ordered to remain in custody.

According to court documents, on January 31, 2... More...
   $0 (03-24-2016 - FL)

The State of Florida vs. Yanker Orlando Perez-Diaz

The State of Florida appeals the downward departure sentence imposed by
the trial court in its effort to achieve sentencing parity between two co-defendants.
Because the record reflects that these two defendants were not similarly situated
and not equally culpable, we conclude that there is no legal basis to sustain the
downward departure sentence. Accordingly, we reverse the... More...
   $0 (03-17-2016 - FL)

State of Florida v. Robert Franklin Floyd

Robert Franklin Floyd, the Respondent, was charged with one count of
second-degree murder and one count of shooting at, into, or within an occupied
vehicle in connection with the death of Getyron Lopez Benjamin. Floyd asserted
that he shot at the vehicle in which Benjamin was a passenger both in self-defense
and defense of others.
Floyd was hosting a party at his reside... More...
   $0 (03-12-2016 - FL)

The State of Florida vs. Milot Richard

The relevant facts below are straightforward and not in dispute:
Milot Richard (“Richard”) was arrested and charged with one count of
soliciting prostitution in violation of section 796.07(2)(f), Florida Statutes (2014),
after he offered to pay an undercover police officer for oral sex. Richard, who was
represented by a public defender, negotiated a plea with the State, which... More...
   $0 (03-09-2016 - FL)

Ronald Williams v. State of Florida

On February 12, 2008, four men had just arrived home and were walking
toward their apartment door when they heard Ronald Williams, who was in a
neighbor’s driveway, calling out offensive words regarding their sexuality,
including “faggot,” “punk,” and making other “homosexual gestures.” The men
exchanged words with Williams, then Williams “pulled a gun, pointed it at the
... More...
   $0 (03-04-2016 - FL)

United States of America v. Isaac Dillard Wilson

Tallahassee, FL - Tallahassee Man Sentenced to Ten Years in Prison for Firearm Possession

Isaac Dillard Wilson, 35, of Tallahassee, was sentenced to 120 months in federal prison today for possession of a firearm by a convicted felon. The sentence was structured so that 84 months (seven years) would run consecutively to state prison sentences, which Wilson is already serving, and the rema... More...
   $0 (02-12-2016 - FL)

United States of America v. Baker

The government accused fifteen defendants of drug trafficking offenses in a seventeen-count indictment: Kenneth Williams, Efrain Casado, Leonard Brown, Lenard Brown, Susan Hall Gibson, Bernard Shaw, Marvin Baker, Malcolm Shaw, Ronald Raye, Wayne Baptiste, Michael Harper, Arthur Pless, Ben Johnson, Jonathon Hawthorne, and Charton Darces.1 Three defendants, Bernard Shaw, Ronald Raye, and Charlton Da... More...   $0 (01-02-2016 - FL)

Connolly v. State Of Florida

Based on the State of Florida's ("the State") motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court's opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.'s ("the defendant") conviction for second degree murder with a firearm in its stead. As the State correctly noted in its opening statement at the en banc... More...   $0 (12-19-2015 - FL)

Davon Francis vs. The State of Florida

The evidence at trial established that Francis and his co-defendants were on
an armed crime spree the night of September 21, 2004. At approximately 6:00 pm,
that night, Francis approached three individuals at the corner of 189th Street and
N.W. 57th Avenue in Opa-locka. One of the individuals, Tracy Hunter (“Hunter”),
testified at trial that Francis put a gun in Hunter’s face... More...
   $0 (12-08-2015 - FL)

Michael T. Rivera v. State of Florida

Michael T. Rivera was convicted and sentenced to death for the first-degree
murder of Staci Lynn Jazvac. Rivera v. State (Rivera I), 561 So. 2d 536, 537 (Fla.
1990). In the opinion affirming the conviction and sentence, this Court detailed the
facts of the murder: Eleven-year-old Staci Lynn Jazvac left her Lauderdale Lakes home on bicycle at about 5:30 p.m. on January 30, 1986, to... More...
   $0 (11-29-2015 - FL)

Connolly v. State Of Florida

Based on the State of Florida's ("the State") motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court's opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.'s ("the defendant") conviction for second degree murder with a firearm in its stead. As the State correctly noted in its opening statement at the en banc oral a... More...   $0 (11-28-2015 - FL)

United States of America v. Cory Quintana, a/k/a Corey Quintana

Tampa, FL - Convicted Felon Sentenced To Three Years For Possessing A Firearm

Cory Quintana, aka Corey Quintana, (24, Lakeland) was sentenced to three years in federal prison for possessing a firearm as a convicted felon. The Court also ordered him to forfeit a Taurus .38-caliber revolver and 18 rounds of ammunition. He pleaded guilty on July 24, 2015.

According to court document... More...
   $0 (10-14-2015 - FL)

Robert Pugh v. James Rainwater

We review here a District Court's holding that each Dade County, Florida arrestee held for trial upon an information filed by the state attorney is entitled by the Fourth and Fourteenth Amendments to an expeditious hearing before a judicial officer on the question of probable cause for arrest.[1] To implement this holding, the court later adopted a plan submitted by Sheriff E. Wilson Purdy (herein... More...   $0 (12-03-1973 - FL)

Marvin Cannon v. State of Florida

Sean Neel and Zechariah1 Morgan were coworkers at Florida State Hospital
and had been friends for over twenty years. In the fall of 2010, Mr. Morgan and
The record presents some inconsistency as to the spelling of this victim’s first name. We will refer to him as Mr. Morgan.
Mr. Neel became involved in the purchase of corn, known as “deer corn,” from the
defendant, Marvin Can... More...
   $0 (09-28-2015 - FL)

 
 
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