Young v. State, 96-0373
| Decision Date | 28 May 1997 |
| Docket Number | No. 96-0373,96-0373 |
| Citation | 695 So.2d 819 |
| Parties | 22 Fla. L. Weekly D1339 Markham YOUNG, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and M. Giselle August, Assistant Attorney General, West Palm Beach, for appellee.
Markham Young appeals the judgment entered against him after a jury found him guilty of attempted third degree felony murder and armed burglary of a dwelling with assault or battery. Young was also charged with possession of a firearm by a convicted felon, and pleaded guilty to that charge after trial. In accord with the state's concession, we reverse Young's conviction for attempted third degree felony murder on the authority of State v. Gray, 654 So.2d 552 (Fla.1995). Under State v. Riggins, 684 So.2d 818 (Fla.1996), a defendant convicted of attempted third degree felony murder may after remand be tried on "other offenses instructed on below which were equal to or lesser than attempted third-degree felony murder...." Id. at 818. Therefore, we remand for retrial on the lesser included charges of attempted manslaughter, aggravated assault, battery, and assault. State v. Pratt, 682 So.2d 1096 (Fla.1996); State v. Wilson, 680 So.2d 411 (Fla.1996).
Regarding Young's conviction for armed burglary of a dwelling with assault or battery, Young argues his motion for judgment of acquittal should have been granted on this charge because he was "licensed or invited to enter or remain" in the victim's dwelling, which is an affirmative defense to the burglary charge. 1 We find no error in the denial of Young's motion for judgment of acquittal because the question of Young's possessory interest in the victim's dwelling was properly submitted to the jury. Although the evidence was not without conflict, the state presented evidence disproving Young's defense beyond a reasonable doubt. See Hansman v. State, 679 So.2d 1216 (Fla. 4th DCA 1996) ().
The victim, Lawana Wilson, testified she requested Young return his key to her house during an argument several hours before the crime, which Young did by throwing the key at Wilson, after which Young immediately left the house. Wilson's cousin testified Young knocked on the door of Wilson's house when he returned that evening, and the cousin did not open the door for Young because he did not have Wilson's permission to allow Young to enter the house. Finally, another witness testified Wilson told everyone in the house not to allow Young back into the house on the evening of the...
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DR v. State, 98-2982.
...response as to whether Brandon adequately communicated the withdrawal of consent for D.R. to enter the residence. Cf. Young v. State, 695 So.2d 819 (Fla. 4th DCA 1997) (trial court properly denied motion for J.O.A. on charge of armed burglary of a dwelling with assault of battery, where You......
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McGhee v. State, Case No. 5D19-2265
...failure to request the above instruction prejudiced him. In support of this finding, the court cited in its order to Young v. State , 695 So. 2d 819 (Fla. 4th DCA 1997) (finding a jury could reasonably conclude that the defendant did not have permission to enter the house after the victim r......
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Moore v. State, 1D07-2413.
...felony murder. State v. Pratt, 682 So.2d 1096, 1096 (Fla.1996). Accord State v. Horn, 684 So.2d 186 (Fla.1996); Young v. State, 695 So.2d 819 (Fla. 4th DCA 1997). Here, the jury was instructed on manslaughter. Accordingly, we reverse appellant's conviction for third-degree felony murder and......
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Velazquez v. State, 97-3335.
...for review. See Williams v. State, 23 Fla. L. Weekly 1059, ___ So.2d ___, 1998 WL 199362 (Fla. 2d DCA April 24, 1998); Young v. State, 695 So.2d 819 (Fla. 4th DCA 1997). Accordingly, we dismiss the appeal without prejudice to Velazquez to file a proper motion under Florida Rules of Criminal......