Supreme Court of Florida

Florida Statutes section 924.34 is unconstitutional to the extent that it can be read to allow the appellate court to direct entry of judgment for a lesser-included offense when all of the elements of the lesser-included offense have not been found by a jury beyond a reasonable doubt.

Appellate Information

• Decided 10/11/2007
• Published 10/11/2007

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, Celia Perenzio, Bureau Chief, and August A. Bonavita, Assistant Attorneys General, West Palm Beach, FL, for Appellant/Cross-Appellee., Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Appellee/Cross-Appellant.