Ray v. State
| Decision Date | 30 July 1981 |
| Docket Number | No. 57795,57795 |
| Citation | 403 So.2d 956 |
| Parties | John Hunter RAY, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
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293 cases
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Nurse v. State
...lesser included offenses as a matter of judicial implication. First, Florida case law strongly supports this conclusion. In Ray v. State, 403 So.2d 956 (Fla.1981), the Florida Supreme Court held that a lewd assault on a child under fourteen, under Section 800.04, Florida Statutes (1975), wa......
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People v. Toro
...a finding of a nonincluded offense may constitute a consent and bar the minor from raising a due process claim on appeal]; Ray v. State (Fla.1981) 403 So.2d 956, 961 [instructing on a nonincluded offense may not be cited as error on appeal if the defendant had an opportunity to object to th......
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Torrence v. State
...the instruction was fundamental and requires reversal of the conviction in the absence of an objection. 4 We believe that Ray v. State, 403 So.2d 956 (Fla.1981), controls this In that case, Ray was charged with sexual battery and the trial court instructed on commission of a lewd and lasciv......
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Connolly v. State
...Supreme Court cautioned the appellate courts to exercise their discretion concerning fundamental error “ ‘very guardedly,’ ” 403 So.2d 956, 960 (Fla.1981) (quoting Sanford v. Rubin, 237 So.2d 134, 137 (Fla.1970) ), and “only in the rare cases where jurisdictional error appears or where the ......
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3 books & journal articles
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Dui defense
...the improper charge or relied on that charge as evidenced by counsel’s argument to the jury or other affirmative action. [ Ray v. State , 403 So. 2d 956, 961 (Fla. 1991).] In a non-jury trial, the trial court has the inherent authority to find the defendant guilty of a lesser included offen......
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Avoiding fundamentally erroneous jury instructions: pointers for counsel in criminal trials and appeals.
...it into a 'mere pretense of a trial' [or] ... strike at the fundamental legality of the trial itself." (4) The court in Ray v. State, 403 So. 2d 956, 960 (Fla. 1981), emphasized that "the error must amount to a denial of due process" to be Fundamental error ... [is] "error which goes to the......
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The appellate decision-making process.
...(See Fla. R. APP. P. 9.140(i)); and 2) when the evidence is insufficient to show that a crime was committed. (8) E.g., Ray v. State, 403 So. 2d 956 (Fla. 1981); Sanford v. Rubin, 237 So. 2d 134 (Fla. (9) See, e.g., Murphy v. Int'l Robotic Sys., Inc., 766 So. 2d 1010, 1030 (Fla. 2000)(Closin......