Jossey v. State

District Court of Appeal of Florida

Jossey v. State

154 So. 3d 425, 2014 Fla. App. LEXIS 20234, 2014 WL 6997142

CourtDistrict Court of Appeal of Florida

DecidedDecember 12, 2014

DocketNo. 1D13-3826

StatusPublished

This text of 154 So. 3d 425 (Jossey v. State) 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.

Bluebook

Jossey v. State, 154 So. 3d 425, 2014 Fla. App. LEXIS 20234, 2014 WL 6997142 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Larry Jossey appeals his conviction for armed robbery raising several issues, each of which we affirm. He asked this court to apply the reasoning of Rosemond v. United States, — U.S. -, 134 S.Ct. 1240, 188 L.Ed.2d 248 (2014), to find error in Florida’s standard jury instruction on principals, because it allowed defendant to be convicted as a principal for robbery with the use of a firearm based upon evidence that he intended that the robbery be committed without requiring any showing that he intended that a firearm be used. We do not reach this issue because defendant did not object below and he failed to establish fundamental error.

AFFIRMED.

PADOVANO, RAY, and OSTERHAUS, JJ., concur.

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PER CURIAM.

Larry Jossey appeals his conviction for armed robbery raising several issues, each of which we affirm. He asked this court to apply the reasoning of Rosemond v. United States, — U.S. -, 134 S.Ct. 1240, 188 L.Ed.2d 248 (2014), to find error in Florida’s standard jury instruction on principals, because it allowed defendant to be convicted as a principal for robbery with the use of a firearm based upon evidence that he intended that the robbery be committed without requiring any showing that he intended that a firearm be used. We do not reach this issue because defendant did not object below and he failed to establish fundamental error.

AFFIRMED.

PADOVANO, RAY, and OSTERHAUS, JJ., concur.

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Bluebook (online)

154 So. 3d 425, 2014 Fla. App. LEXIS 20234, 2014 WL 6997142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jossey-v-state-fladistctapp-2014.

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