Supreme Court of Florida

The petition for review in the case at hand is granted, the decision under review is quashed, and the matter is remanded to the First District Court for reconsideration upon application of the Florida Supreme Court's decision in State v. Sigler, 967 So. 2d 835, 845 (Fla. 2007), which held Florida Statutes section 924.34 (2001) 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 03/06/2008
• Published 03/06/2008

Judges

Court

• Supreme Court of Florida

Counsel