SUAREZ ALBO v. STATE (2020)

District Court of Appeal of Florida, Third District.

Orlier SUAREZ ALBO, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-2531

Decided: April 01, 2020

Before LINDSEY, HENDON and GORDO, JJ.

Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General, for appellee.

Affirmed.¹ See 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.”). See also State v. Barritt, 531 So. 2d 338, 339 (Fla. 1988); Martin v. State, 342 So. 2d 501, 503 (Fla. 1977) (superseded on other grounds by Fla. R. Crim. P. 3.490); Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997).

FOOTNOTES

1. We affirm without discussion Appellant's challenge to the sufficiency of the evidence supporting the jury's verdict of guilty for leaving the scene of a crash involving death.

PER CURIAM.

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