Ayrado v. State, 82-329
| Decision Date | 17 May 1983 |
| Docket Number | No. 82-329,82-329 |
| Citation | 431 So.2d 320 |
| Parties | Carlos AYRADO, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Jack B. Ludin, Asst. Atty. Gen., for appellee.
Before BARKDULL, HUBBART and JORGENSON, JJ.
The defendant Carlos Ayrado appeals his conviction and sentence entered below for the offense of unlawful display of a firearm during the commission of a felony [§ 790.07(2), Fla.Stat. (1981) ]. He contends that under the authority of Redondo v. State, 403 So.2d 954 (Fla.1981) and Mahaun v. State, 377 So.2d 1158 (Fla.1979), his conviction on said offense must be reversed because the jury below acquitted the defendant, on grounds of insanity, of the underlying felonies (i.e., first degree murder and attempted first degree murder) upon which the said firearm display conviction rests. We entirely agree and reverse the conviction and sentence herein based on the above authorities.
By acquitting the defendant Ayrado on grounds of insanity on the charges of first degree murder and attempted first degree murder, the jury necessarily found that the defendant lacked the necessary mens rea to be held criminally responsible for his conduct as to the charged felonies. See e.g., State ex rel. Boyd v. Green, 355 So.2d 789, 792 (Fla.1978). Having so concluded, it was totally inconsistent for the jury to convict the defendant Ayrado of displaying a firearm while committing or attempting to commit these same underlying felonies for which the defendant was not criminally responsible. It was, therefore, reversible error for the trial court to deny the defendant's post-trial motions for an arrest of judgment and a judgment of acquittal as to the aforesaid firearm display conviction.
We reject the state's contention that the point has not been preserved for appellate review. There is no requirement, as urged, that the defendant (a) object at trial to a standard jury instruction that each crime charged in the indictment be considered separately and that a finding of guilty or not guilty on one count should not affect the verdict on any other count, or (b) object at trial to the verdict prior to its being recorded and the jury discharged. The Mahaun-Redondo line of cases imposes no such requirements in order to preserve for appellate review the point urged herein; it is sufficient...
To continue reading
Request your trial
-
Morris v. State
...514 (Fla. 4th DCA 1983). See Redondo v. State, 403 So.2d 954 (Fla.1981); Mahaun v. State, 377 So.2d 1158 (Fla.1979); Ayrado v. State, 431 So.2d 320 (Fla.3d DCA 1983). As the supreme court recently noted in Eaton v. State, 438 So.2d 822, 823 (Fla.1983), "[t]he jury is ... required to return ......
-
Davis v. State
...the ground, inter alia, that the verdicts were inconsistent, had properly preserved the point in the trial court, see Ayrado v. State, 431 So.2d 320 (Fla. 3d DCA 1983) (post-trial motions for arrest of judgment or judgment of acquittal sufficient to preserve for appellate review contention ......
-
Gonzalez v. State
...in Wooten v. State, 404 So.2d 1072 (Fla. 3d DCA 1981) and Palacio v. State, 402 So.2d 500 (Fla. 3d DCA 1981). In Ayrado v. State, 431 So.2d 320 (Fla. 3d DCA 1983), the court reversed a conviction for the use of a firearm during a felony because the jury found Ayrado not guilty by reason of ......
-
Castillo v. State
...of the firearm charge under section 790.07. See Ashley v. State, 493 So.2d 1079, 1080 (Fla. 3d DCA 1986); Ayrado v. State, 431 So.2d 320, 321-22 (Fla. 3d DCA 1983). The trial court took a broader view of the Pitts decision and that part of section 790.07 which refers to "any felony." Sec. 7......