Young v. State
| Decision Date | 21 October 2011 |
| Docket Number | No. 5D10–2450.,5D10–2450. |
| Citation | 73 So.3d 825 |
| Parties | Eric Marcell YOUNG, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from the Circuit Court for Orange County, C. Jeffery Arnold, Judge.James S. Purdy, Public Defender, and James R. Wulchak, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm the defendant's convictions for burglary of a dwelling with an assault or battery with a dangerous weapon and for carjacking with a weapon. We certify conflict with Munoz v. State, 937 So.2d 686 (Fla. 2d DCA 2006).
AFFIRMED; CONFLICT CERTIFIED.
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5 cases
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People v. Morales
...the reasoning of the dissent in that case. See Michael v. State, 51 So.3d 574, 575 (Fla.Dist.Ct.App.2010); see also Young v. State, 73 So.3d 825 (Fla.Dist.Ct.App.2011) (affirming defendant's burglary conviction and certifying conflict with Munoz ). ¶ 76 The other out-of-state cases relied o......
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Young v. State
...to the Fifth District Court of Appeal, which affirmed his convictions for burglary of a dwelling and carjacking. Young v. State, 73 So.3d 825 (Fla. 5th DCA 2011). The Fifth District certified conflict with Munoz v. State, 937 So.2d 686 (Fla. 2d DCA 2006) on the issue of whether Florida's bu......
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H.R. v. State
...trial court to deny his motion under these circumstances. Id. at 165. The Fifth District affirmed the conviction. See Young v. State, 73 So. 3d 825 (Fla. 5th DCA 2011). The Florida Supreme Court approved the Fifth District's decision, and held that the fundamental error exception did not ap......
- C.R. v. State
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1 books & journal articles
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Crimes
...handle, those characteristics do not distinguish it from a “common pocketknife,” and the court errs in failing to dismiss. C.R. v. State, 73 So. 3d 825 (Fla. 4th DCA 2011) The issue of whether an unloaded BB gun constitutes a “weapon” under a charge of possession of a weapon at a school bus......