STATE OF FLORIDA v. ONTERRIOUS V. TILLMAN

District Court of Appeal of Florida

STATE OF FLORIDA v. ONTERRIOUS V. TILLMAN

CourtDistrict Court of Appeal of Florida

DecidedJune 28, 2023

Docket22-1875

StatusPublished

This text of STATE OF FLORIDA v. ONTERRIOUS V. TILLMAN (STATE OF FLORIDA v. ONTERRIOUS V. TILLMAN) 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

STATE OF FLORIDA v. ONTERRIOUS V. TILLMAN, (Fla. Ct. App. 2023).

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Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

STATE OF FLORIDA, Appellant,

v.

ONTERRIOUS V. TILLMAN, Appellee.

Nos. 4D22-1875 and 4D22-2300

[June 28, 2023]

Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard Coates, Judge; L.T. Case No. 502020CF006155A.

Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages- Jones, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

In case number 4D22-1875, we affirm without discussion the circuit court’s order granting the defendant’s post-verdict renewed motion for judgment of acquittal on the charge of neglect of a child causing great bodily harm while in possession of a firearm.

In case number 4D22-2300, we affirm the defendant’s conviction on the charge of possession of a firearm or ammunition by a convicted felon. The defendant’s first two arguments on appeal lack merit and require no further discussion. The defendant’s third argument on appeal, that he was entitled to a twelve-person jury under the Sixth and Fourteenth Amendments to the United States Constitution, also lacks merit, for the reasons stated in Guzman v. State, 350 So. 3d 72, 73 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023).

Case no. 4D22-1875 affirmed; case no. 4D22-2300 affirmed.

WARNER, MAY, and GERBER, JJ., concur. * * *

Not final until disposition of timely filed motion for rehearing.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

STATE OF FLORIDA, Appellant,

v.

ONTERRIOUS V. TILLMAN, Appellee.

Nos. 4D22-1875 and 4D22-2300

[June 28, 2023]

Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard Coates, Judge; L.T. Case No. 502020CF006155A.

Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages- Jones, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

In case number 4D22-1875, we affirm without discussion the circuit court’s order granting the defendant’s post-verdict renewed motion for judgment of acquittal on the charge of neglect of a child causing great bodily harm while in possession of a firearm.

In case number 4D22-2300, we affirm the defendant’s conviction on the charge of possession of a firearm or ammunition by a convicted felon. The defendant’s first two arguments on appeal lack merit and require no further discussion. The defendant’s third argument on appeal, that he was entitled to a twelve-person jury under the Sixth and Fourteenth Amendments to the United States Constitution, also lacks merit, for the reasons stated in Guzman v. State, 350 So. 3d 72, 73 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023).

Case no. 4D22-1875 affirmed; case no. 4D22-2300 affirmed.

WARNER, MAY, and GERBER, JJ., concur. * * *

Not final until disposition of timely filed motion for rehearing.

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Bluebook (online)

STATE OF FLORIDA v. ONTERRIOUS V. TILLMAN, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-florida-v-onterrious-v-tillman-fladistctapp-2023.