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Florida Assault Law
 

GLEN W. DAVIS vs STATE OF FLORIDA

The defendant appeals from his conviction and sentence for aggravated assault with a firearm. We affirm the defendant’s conviction on all arguments raised, without further discussion.

As to the defendant’s sentence, he concedes that he was properly sentenced to twenty years in prison pursuant to section 775.087, Florida Statutes, more commonly known as the “10-20-Life” statute. See 77... More...
   $0 (01-10-2018 - FL)

JUAN FRANCISCO PEREZ v. STATE OF FLORIDA

Juan F. Perez appeals his convictions for aggravated battery with a firearm and
aggravated assault with a firearm. We affirm without prejudice to Perez filing a timely,
facially sufficient motion for postconviction relief under Florida Rule of Criminal Procedure
3.850. ... More...
   $0 (12-31-2017 - FL)

Carlos Jose Garcia vs. The State of Florida

In 1995, Garcia pleaded guilty to committing aggravated assault with a
firearm, and was sentenced to probation. While on probation, in 1996, Garcia
committed armed robbery. A jury found Garcia guilty of the armed robbery
charge, and he was sentenced, in 1999, to forty years in state prison, with a fifteen
year minimum mandatory sentence, as an habitual violent felony offender... More...
   $0 (12-31-2017 - FL)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-31-2017 - FL)

ERIC HOPE v. STATE OF FLORIDA

The judgment erroneously cites to section 782.07, Florida Statutes (2015), for the crime of burglary of a
dwelling with an assault or battery and a firearm when the correct statutory citation is
section 810.02(2)(a), Florida Statutes (2015), and erroneously cites to section
810.02(2)(a) for the crime of aggravated assault with a firearm when the correct citation
is section 784... More...
   $0 (12-22-2017 - FL)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-21-2017 - FL)

John Jules vs. The State of Florida

The relevant factual allegations, with one notable exception,1 are not in
dispute:
Jules was a citizen of Haiti living in Miami, Florida. In 1993, Jules obtained
legal permanent resident status.
In September 1994, Jules was arrested and was subsequently charged with
seven crimes: three counts of attempted first-degree murder; one count of armed
burglary; one count ... More...
   $0 (12-02-2017 - FL)

James Eric Knight vs. The State of Florida

Knight was charged in Count II of the information with robbery based on the
taking of property “by force, violence, assault or putting in fear . . . in violation of
812.13 Florida Statutes . . . .” These are the elements of a simple robbery, a
second-degree felony under section 812.13(2)(c), Florida Statutes (1977), for
which the maximum sentence is 15 years under section 775.... More...
   $0 (12-02-2017 - FL)

STATE OF FLORIDA vs. RAYMOND MORRISON, JR.

Jacksonville man gets off Death Row after judge finds original lawyer was ineffective

In 1998, Morrison was convicted of “first-degree murder for the January 8,
1997, killing of Albert Dwelle, which occurred during the course of a robbery upon
Dwelle in his apartment in Duval County,” and “armed robbery with a deadly
weapon and burglary of a dwelling with intent to commit a battery, with an assault
or battery on Dwelle.” Morrison v. State, 818 So. 2d 432, 437 (... More...
   $0 (11-18-2017 - FL)

ANTHONIQUE PAMPHILE v. STATE OF FLORIDA

Following a jury trial, Pamphile was convicted of robbery with a firearm, aggravated
assault with a firearm, and third-degree grand theft. This court affirmed his convictions
and sentences. Pamphile v. State, 113 So. 3d 949 (Fla. 5th DCA 2013).
In ground three of his rule 3.850 motion, Pamphile alleged that his trial counsel
was ineffective by failing to object to improper... More...
   $0 (11-13-2017 - FL)

DARRIUS MONTGOMERY v. STATE OF FLORIDA

Darrius Montgomery, seventeen years old at the time he committed his offenses,
was convicted of attempted robbery with a firearm, aggravated assault with a firearm,
aggravated battery with a firearm, and attempted felony murder with a firearm. On each
count, the jury found that he discharged a firearm resulting in great bodily harm but not
death. Montgomery was later sentence... More...
   $0 (11-13-2017 - FL)

CATHERINE M. PILEGGI vs STATE OF FLORIDA

Catherine Pileggi sentenced to 25 years for murdering boyfriend

Catherine Pileggi (“Defendant”) appeals her judgment of conviction for second degree murder. Defendant raises two arguments on appeal: (1) the trial court erred in denying her motion for judgment of acquittal; and (2) she was denied due process by not being given the opportunity to perform an independent autopsy. The State cross-appeals, arguing that in the event of reversal, the court improperl... More...   $0 (11-13-2017 - FL)

ROGER E. CARUTHERS vs STATE OF FLORIDA

Appellant appeals his convictions for two counts of aggravated assault with a firearm, challenging the admission of a video recording and the trial court’s refusal to instruct the jury on a lesser included offense. We find no error in admitting the video recording into evidence. However, we find that, based on the charging document and evidence adduced at trial, improper exhibition of a firearm ... More...   $0 (11-01-2017 - FL)

United States of America v. Robert William Green

Northern District of Florida Federal Courthouse - Tallahassee, Florida

In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as moot.
A jury convicted defendant Robert Green of being a felon ... More...
   $0 (10-01-2017 - FL)

United States of America v. Thomas Harris Sigler, III and William A. Dennis

Federal Courthouse - Tampa, Florida

Tampa, FL - Florida Men Sentenced for Assault and Cross Burning Aimed at Intimidating an Interracial Couple Living Next Door

Thomas Herris Sigler, III, 46, and William A. Dennis, 56, were sentenced to serve 33 and 21 months incarceration, respectively. Sigler and Dennis both pled guilty to civil rights violations for their roles in attacking and intimidating an interracial couple in Port ... More...
   $0 (08-30-2017 - FL)

United States of America v. Eddy Wilmer Vail-Bailon

Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal requires us to decide whether Florida felony battery is a crime of
violence under the Sentencing Guidelines. Defendant Eddy Wilmer Vail-Bailon
was convicted in 2014 of illegally reentering the United States, in violation of 8
U.S.C. §§ 1326(a) and (b)(1), after having been deported following a conviction
for felony battery under Florida Statute § 784.041. Base... More...
   $0 (08-25-2017 - FL)

Chris Leonard Thornes vs State of Florida

We previously affirmed Appellant’s sentence for aggravated assault and
possession of firearm by a convicted felon based on our en banc decision in Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013), which held that mandatory minimums under the 10-20-Life statute must be imposed consecutively regardless of whether the defendant possessed or discharged a firearm. However, the Florida
Sup... More...
   $0 (07-06-2017 - FL)

MUSTAFA A. ABDULLA vs STATE OF FLORIDA

The charges against Appellant stem from an incident late at night at a convenience store. According to the State,1 Appellant was in the store when he pulled a concealed firearm from his waistband and waved it around. Appellant stated that he wanted to kill or shoot someone that night, pointed the gun at a store employee, and later ordered both customers and employees alike out of the store. Bas... More...   $0 (07-06-2017 - FL)

KEVIN CUTTS vs STATE OF FLORIDA

Appellant Kevin Cutts was charged by indictment with first degree murder and armed burglary with assault. He was a juvenile at the time of the offense but was prosecuted as an adult. He pled guilty to murder and to burglary, and was initially sentenced to life in prison without parole in 1997. In 2015, appellant filed a motion for post-conviction relief and to correct illegal sentence, argu... More...   $0 (07-06-2017 - FL)

The State v. Demario Monte Thompson

South Carolina COURT OF APPEALS

A Lancaster County grand jury indicted Thompson for first-degree burglary and attempted murder based on allegations he broke into Keasia Drafton's apartment and tried to kill her on July 2, 2014.1 Before trial, Thompson moved to suppress a trespass notice letter stating he was banned from the apartment complex where Drafton lived. Thompson argued (1) the letter was irrelevant, (2) the letter pres... More...   $0 (06-19-2017 - FL)

Carlis Lindsey, III vs State of Florida

Lindsey raises four issues in this direct appeal from his conviction and
sentence for first-degree murder, burglary of a dwelling, and grand theft auto. We
affirm in all respects and write only to address Lindsey’s argument that the trial court
abused its discretion by denying his pretrial motion to sever the burglary charge from
2

the murder and theft charges. Beca... More...
   $0 (06-19-2017 - FL)

MICHAEL DUANE ZACK, III, vs. STATE OF FLORIDA

MICHAEL DUANE ZACK, III, vs. JULIE L. JONES, etc.

On June 25, 1996, Michael Zack was indicted for the sexual assault,
robbery, and first-degree murder of Ravonne Smith. We described the facts of the
case on direct appeal as follows:
Although the murder of Smith took place on June 13, 1996, the chain of events which culminated in this murder began on June 4, 1996, when Edith Pope (Pope), a bartender in Tallahassee, lent her car t... More...
   $0 (06-18-2017 - FL)

HARREL FRANKLIN BRADDY vs. STATE OF FLORIDA

HARREL FRANKLIN BRADDY vs. JULIE L. JONES, etc.

In 2007, Braddy was convicted of first-degree murder, attempted first-degree
murder, two counts of kidnapping, burglary of a structure with an assault or battery
therein, child neglect causing great bodily harm, and attempted escape. Braddy v.
State, 111 So. 3d 810, 826 (Fla. 2012). On appeal, this Court set out the facts of
the crimes:
The evidence presented at Braddy’s... More...
   $0 (06-18-2017 - FL)

DONTE JERMAINE HALL vs. STATE OF FLORIDA

DONTE JERMAINE HALL vs. JULIE L. JONES, etc.

Hall was convicted and sentenced to death for the 2006 murder of Anthony
Bernard Blunt. On direct appeal, this Court described the background of this case
as follows:
The evidence at trial revealed that on September 8, 2006, 22year-old Hall learned that his girlfriend, 18-year-old Angel Glenn, had been hired to dance and strip at a house party that night. Angel had been told she w... More...
   $0 (06-18-2017 - FL)

Steven Gilchrease vs. The State of Florida

Third District Court of Appeal State of Florida

Gilchrease had rented an efficiency from Etta McKensie for about six
months prior to the February 28 incident. Sometime in January, water to the
efficiency was turned off. On February 25, the electricity was turned off.
Gilchrease confronted Ms. McKensie about the utilities, and, according to Ms.
McKensie, Gilchrease threatened her and pulled out the chair she was sitting on... More...
   $0 (05-24-2017 - FL)

ALEX U. SIRMONS vs STATE OF FLORIDA

The victim in this case testified that Appellant and several other individuals jumped him, Appellant hit him in the face with a gun, and the victim’s cell phone and thirty dollars in cash were stolen. In addition to counts of robbery with a deadly weapon, aggravated assault with a deadly weapon, and aggravated battery with a deadly weapon, Appellant was also charged with grand theft in the third ... More...   $0 (05-24-2017 - FL)

GLENROY BLACKWOOD v. STATE OF FLORIDA

Glenroy Blackwood appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief after an evidentiary hearing. Blackwood, a Jamaican citizen legally present in the United States, alleged that his trial counsel failed to warn him that he would be subject to automatic deportation as a result of entering a plea to aggravated assault with a deadly weapon and that ... More...   $0 (05-01-2017 - FL)

METRO BUTNER v. STATE OF FLORIDA

Mr. Butner was charged in a three-count information. A jury convicted Mr.
Butner on count one, attempted second-degree murder, section 782.04, Florida
Statutes (2012); on count two, aggravated assault with a firearm, section 784.021,
Florida Statutes (2012); and on count three, shooting within a building, section 790.19,
Florida Statutes (2012). The trial court adjudged him t... More...
   $0 (05-01-2017 - FL)

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)

 
 
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