CARVER v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Joshua Charles CARVER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-2882

Decided: October 03, 2022

Matthew J. Metz, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED. See Suarez Albo v. State, 300 So. 3d 1243 (Fla. 3d DCA 2020); see also Gordon v. State, 219 So. 3d 189, 197 n.8 (Fla. 3d DCA 2017) (“For example, in a homicide prosecution, the jury is not permitted to consider any non-homicide lesser-included offenses (e.g., aggravated battery) even if such lesser-included offenses are subsumed within and necessarily established by proof of the murder charge, unless there is some disputed issue of fact (and some evidence to support a theory) regarding an intervening cause of death.”); State v. Barritt, 531 So. 2d 338, 339 (Fla. 1988); Martin v. State, 342 So. 2d 501, 503 (Fla. 1977) superseded on other grounds by Florida Rule of Criminal Procedure 3.490; Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997).

PER CURIAM.

LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.

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