Jose A. Hernandez de Jesus v. The State of Florida
This text of Jose A. Hernandez de Jesus v. The State of Florida (Jose A. Hernandez de Jesus v. The State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed August 16, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1382 Lower Tribunal No. F03-7022A ________________
Jose A. Hernandez de Jesus, Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Jose A. Hernandez de Jesus, in proper person.
Ashley Moody, Attorney General, for respondent.
Before LOGUE, C.J., and MILLER, and BOKOR, JJ.
PER CURIAM.
Denied. See Coicou v. State, 39 So. 3d 237, 241 (Fla. 2010)
(“[B]ecause the facts alleged in an accusatory pleading will vary on a case- by-case basis, we conclude that a case-by-case determination is warranted
when deciding whether attempted second-degree murder is a permissive
lesser-included offense of attempted felony murder.”).
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