JOSEPH v. STATE (2020)

District Court of Appeal of Florida, Third District.

Princelin JOSEPH, Petitioner, v. The STATE of Florida, Respondent.

No. 3D19-2097

Decided: March 25, 2020

Before EMAS, C.J., and FERNANDEZ and LOGUE, JJ.

Princelin Joseph, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent.

We deny the petition for writ of habeas corpus. See Knight v. State, 286 So. 3d 147 (Fla. 2019) (holding that jury pardon doctrine cannot serve as predicate for fundamental error arising from an erroneous jury instruction for a lesser-included offense one step removed from offense of conviction; receding from Griffin v. State, 160 So. 3d 63 (Fla. 2015), Williams v. State, 123 So. 3d 23 (Fla. 2013), Haygood v. State, 109 So. 3d 735 (Fla. 2013), and State v. Montgomery, 39 So. 3d 252 (Fla. 2010)).

PER CURIAM.

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