JOSHUA CHARLES CARVER vs STATE OF FLORIDA

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JOSHUA CHARLES CARVER,

Appellant,

v. Case No. 5D21-2882 LT Case No. 2020-00175-CFFA

STATE OF FLORIDA,

Appellee.

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Opinion filed October 3, 2022

Appeal from the Circuit Court for Flagler County, Terence R. Perkins, Judge.

Matthew J. Metz, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. AFFIRMED. See Suarez Albo v. State, 300 So. 3d 1243 (Fla. 3d DCA

2020); see also 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.”); 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Martin v. State, 342 So. 2d 501, 503 (Fla. 1977) superseded on other grounds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 Florida Rule of Criminal Procedure 3.490; Humphrey v. State, 690 So. 2d

1351 (Fla. 3d DCA 1997).

LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.