The 2023 Florida Statutes (including Special Session C)
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. . . Therefore, pursuant to section 924.34, Florida Statutes, the cause should be remanded for entry of a . . .
. . . State, 51 So.3d 445, 451 (Fla. 2010) (noting that under section 924.34 of the Florida Statute, "when . . .
. . . Sigler, 967 So.2d 835 (Fla. 2007) ; § 924.34, Fla. Stat. (2016). . . .
. . . . § 924.34, Fla. . . . Fla. 2007) (“[W]hen all of the elements of a lesser offense have been determined by the jury, section 924.34 . . .
. . . See § 924.34, Fla. Stat. (2014). . . . Section 924.34, Florida Statutes (2014), provides: When evidence sustains only conviction of lesser offense . . .
. . . See § 924.34, Fla. Stat. (2016); Rodriguez v. . . .
. . . ] guilty of [the lesser included offense], and for resentencing ... for that offense” under section 924.34 . . . Section 924.34, Florida Statutes, provides the following: When the appellate court determines that the . . . court to enter judgment for the lesser degree of the offense or for the lesser included offense. § 924.34 . . . Sigler, 967 So.2d 835, 841 (Fla. 2007) (holding that section 924.34 could be unconstitutional in application . . .
. . . remand for entry of a judgment of conviction for simple possession of cocaine, pursuant to section 924.34 . . .
. . . . § 924.34, Fla. Stat. (2016). . . .
. . . Had appellant been convicted as charged under this subsection, we would apply section 924.34, Florida . . .
. . . . • Section 924.34, Florida Statutes (2014), permits an appellate court to direct entry of a judgment . . .
. . . See § 924.34, Fla. . . . We do not think that section 924.34 applies under the facts of this case. . . .
. . . Fla.2007) (“[W]hen all of the elements of a lesser offense have been determined by the jury, section 924.34 . . .
. . . Sigler, 967 So.2d 835 (Fla.2007) (construing parallel statutory provision, section 924.34, Florida Statutes . . .
. . . . § 924.34, Fla. Stat. (2011). . . . Section 924.34 states: When the appellate court determines that the evidence does not prove the offense . . . court to enter judgment for the lesser degree of the offense or for the lesser included offense. § 924.34 . . . possession of the drugs with intent to sell on both Count One and Count Two is proper pursuant to section 924.34 . . .
. . . As authority for this procedure, the State cites to section 924.34, Florida Statutes (2011), which provides . . .
. . . Section 924.34, Florida Statutes (2013), provides: When the appellate court determines that the evidence . . .
. . . See § 924.34, Fla. Stat. (2012); State v. Sigler, 967 So.2d 835 (Fla.2007). . . .
. . . Pursuant to section 924.34, Florida Statutes, we remand with instructions to the trial court to enter . . .
. . . Under the mandatory language of section 924.34, Florida Statutes (2011), we therefore remand this case . . . Sigler, 967 So.2d 835, 844 (Fla.2007) (recognizing that section 924.34 applies to a permissive lesser-included . . .
. . . On remand, pursuant to section 924.34, Florida Statutes (2009), the trial court is directed to enter . . . Section 924.34 provides: When the appellate court determines that the evidence does not prove the offense . . .
. . . See § 924.34, Fla. Stat. (2010). Affirmed in part, reversed in part, and remanded. . . .
. . . . § 924.34, Fla. Stat. (2012). The statute has been applied to first-degree murder cases, Hines v. . . .
. . . Section 924.34, Florida Statutes (2010), provides: When the appellate court determines that the evidence . . . Sigler, 967 So.2d 835, 844 (Fla.2007) (holding that section 924.34 is "a valid exercise of the legislative . . .
. . . We remand for entry of adjudication of petit theft as authorized by section 924.34, Florida Statutes . . .
. . . necessarily found that the elements of such lesser offense were proven, we remand, pursuant to section 924.34 . . .
. . . reverse and remand to the trial court for entry of a judgment for petit theft in accordance with section 924.34 . . .
. . . See § 924.34, Fla. Stat. (2009). Reversed and remanded with directions. CLARK, J., concurs. . . .
. . . See § 924.34, Fla. . . . Sigler, 967 So.2d 835, 845 (Fla.2007), the Florida Supreme Court held that section 924.34 is "unconstitutional . . .
. . . direct the trial court to enter a judgment for attempted robbery with a firearm pursuant to section 924.34 . . . Section 924.34 provides as follows: When the appellate court determines that the evidence does not prove . . . The Florida Supreme Court discussed section 924.34 in Jaimes. . . . In reversing the conviction, the supreme court stated, “Under section 924.34, Florida Statutes (2010) . . . To constitutionally apply section 924.34, the jury must have found every element of the lesser offense . . .
. . . . § 924.34, Fla. Stat. (2011). As to the other issue raised on appeal, we affirm. . . .
. . . See § 924.34, Fla. Stat. (2009); Paige v. . . . judgment of conviction and sentence for sale of cocaine, in accordance with the provisions of section 924.34 . . . We note that the Florida Supreme Court has held section 924.34 unconstitutional "[t]o the extent that . . . However, section 924.34 can be constitutionally applied in the instant case because the sale of cocaine . . . ("[W]hen all of the elements of a lesser offense have been determined by the jury, section 924.34 is . . .
. . . Section 924.34, Florida Statutes (2008), provides: When the appellate court determines that the evidence . . . State, 694 So.2d 720, 723 (Fla.1997), the Florida Supreme Court made clear “section 924.34 refers to . . . See § 924.34; Michelson v. . . .
. . . reverse with instructions to the trial court to enter a judgment of theft, as authorized by section 924.34 . . . Section 924.34, Florida Statutes, authorizes appellate courts to “reverse [a] judgment and direct the . . . Pursuant to section 924.34, Florida Statutes, we would be authorized to direct the trial court to enter . . .
. . . Because the evidence does not sustain the grand theft conviction pursuant to section 924.34, Florida . . .
. . . See § 924.34, Fla. Stat. (2010); Higdon, 814 So.2d at 1197; Harris, 655 So.2d at 1182. . . .
. . . Accordingly, pursuant to section 924.34, Florida Statutes (2010), we reverse the conviction and sentence . . .
. . . Section 924.34, Florida Statutes (2009), provides that when an appellate court determines that the evidence . . .
. . . Under section 924.34, Florida Statutes (2010): When the appellate court determines that the evidence . . . State, 694 So.2d 720, 724 (Fla.1997), we interpreted section 924.34 to allow an appellate court to modify . . . felony murder, this Court may direct a verdict for the lesser included offense pursuant to section 924.34 . . .
. . . REMEDY Under section 924.34, Florida Statutes (2010), when an appellate court vacates a conviction but . . .
. . . See § 924.34, Fla. Stat. (2007); State v. . . . Fla.2007) (“[W]hen all of the elements of a lesser offense have been determined by the jury, section 924.34 . . .
. . . Section 924.34, Florida Statutes (2007), requires an appellate court to remand for entry of a judgment . . .
. . . The court held that under section 924.34, Florida Statutes (2001), Coicou’s conviction should be reduced . . . State, 694 So.2d 720 (Fla.1997), which held that section 924.34 refers to both category one necessarily . . . However, the district court determined that pursuant to section 924.34, Florida Statutes (2001), Coicou . . . Moreover, we held in Sigler that section 924.34 permits an appellate court to direct a judgment for a . . . Section 924.34 does not permit an appellate court-to' direct entry of a conviction for a crime where . . .
. . . . § 924.34, Fla. Stat. (2007). . . . .
. . . conviction for violation of section 316.1935(1), Florida Statutes (2006), on the authority of section 924.34 . . . Section 924.34 provides: When the appellate court determines that the evidence does not prove the offense . . . .2007) (an appellate court can direct a judgment for a permissive lesser-ineluded offense under section 924.34 . . .
. . . See § 924.34, Fla. Stat. (2007). . . .
. . . See § 924.34, Fla. Stat. (2006). . . .
. . . See § 924.34, Fla. Stat. (2007); see also State v. . . .
. . . See § 924.34, Fla. Stat. (2006). Accordingly, resentencing on remand will be necessary. . . .
. . . See § 924.34, Fla. Stat. (2004); Ross v. State, 528 So.2d 1237, 1241 (Fla. 3d DCA 1988). . . .
. . . See § 924.34, Fla. . . . Sigler, 967 So.2d 835, 845 (Fla.2007), the Florida Supreme Court held that section 924.34 is "unconstitutional . . .
. . . a judgment and sentence for the lesser included offense of culpable negligence pursuant to section 924.34 . . . In Sigler, the supreme court examined whether section 924.34 violated a defendant’s right to trial by . . . The supreme court held that: To the extent that section 924.34 can be read to provide for conviction . . . Otherwise, when all of the elements of a lesser offense have been determined by the jury, section 924.34 . . .
. . . , 875 So.2d 719, 721 (Fla. 1st DCA 2004), in which the First District Court of Appeal cited section 924.34 . . . 845 (Fla.2007), in which we discussed I.T. and other cases at length in ultimately holding section 924.34 . . .
. . . and remand with directions to enter judgment for simple possession of cocaine, pursuant to section 924.34 . . . court to enter judgment for the lesser degree of the offense or for the lesser included offense.” § 924.34 . . .
. . . See § 924.34, Fla. Stat. (2005). . . .
. . . See § 924.34, Fla. . . . State, 881 So.2d 14 (Fla. 4th DCA 2004), we held under similar circumstances that section 924.34 is no . . . argument to the contrary arises in the event the supreme court were to uphold the application of section 924.34 . . . Section 924.34 provides as follows: When the appellate court determines that the evidence does not prove . . . Sigler, 967 So.2d 835 (Fla.2007), the supreme court affirmed, holding that section 924.34, Florida Statutes . . .
. . . State, 694 So.2d 720 (Fla.1997), this Court misinterpreted section 924.34, Florida Statutes, to include . . . Under the plain meaning of section 924.34, courts only have the authority to enter a judgment for lesser . . . Given this misinterpretation of section 924.34, I would recede from I.T. and hold that the Fourth District . . . As Justice Harding noted in his dissent in I.T., section 924.34 is clear and unambiguous. . . . . § 924.34, Fla. Stat. (emphasis added). . . . For the reasons that follow, we affirm the district court’s determination that application of section 924.34 . . . The Fourth District indicated that section 924.34, Florida Statutes (2001), allows an appellate court . . . Likewise, the Fourth District opined that section 924.34 did not control the case because the statute . . . District erred in not applying section 924.34 and the decision in I.T. to this case. . . . We apply this standard in interpreting section 924.34. . . .
. . . See § 924.34, Fla. Stat. (2003); Grant v. State, 864 So.2d 503, 505 (Fla. 4th DCA 2004). . . .
. . . See § 924.34, Fla. Stat.; Crain v. State, 894 So.2d 59, 76 (Fla.2004). . . . Section 924.34, Florida Statutes (2005), provides: When the appellate court determines that the evidence . . .
. . . See § 924.34, Fla. Stat. (2006); see also Bledsoe v. . . .
. . . Section 924.34, Florida Statutes (2004), would authorize the reduction of the trespass to the attempt . . . State, 694 So.2d 720, 724 (Fla.1997) (section 924.34 refers to both category one necessary lesser included . . . Section 924.34 provides: When the appellate court determines that the evidence does not prove the offense . . .
. . . with directions to the trial court to enter a judgment for false imprisonment with a firearm, see § 924.34 . . .
. . . . § 924.34, Fla. Stat. (2004). . . .
. . . See § 924.34, Fla. . . . State, 881 So.2d 14 (Fla. 4th DCA 2004), we held under similar circumstances that section 924.34 is no . . .
. . . we remand for the trial court to enter judgment for the lesser offense of false imprisonment, see § 924.34 . . .
. . . See § 924.34, Fla. Stat. (2003). . . .
. . . Pursuant to section 924.34, Florida Statutes (1997), this court remanded the case back to the trial court . . . Appellant argues that section 924.34, Florida Statutes (1997), is unconstitutional because it contains . . . Section 924.34, Florida Statutes (1997), states: When .the appellate court determines that the evidence . . .
. . . that we could not remand for the entry of a conviction of third degree felony murder under section 924.34 . . .
. . . Accordingly, pursuant to section 924.34, Florida Statutes (1997), we reverse the judgment of guilt of . . . Section 924.34 provides: When the appellate court determines that the evidence does not prove the offense . . .
. . . See § 924.34, Fla. Stat. (2004). Additionally, appellant must be re-sentenced accordingly. . . . Thus, section 924.34 can be applied in this case without creating any Sixth Amendment concerns under . . . State, 881 So.2d 14, 20 (Fla. 4th DCA 2004)(finding section 924.34 unconstitutional in circumstances . . .
. . . authority to direct the trial court to adjudicate Rayl guilty of manslaughter on remand pursuant to section 924.34 . . .
. . . Section 924.34, Florida Statutes (2000), allows this court to order the trial court to enter a directed . . .
. . . position and direct entry of judgment for attempted manslaughter (an intent crime) pursuant to section 924.34 . . . The state also argues that section 924.34 authorizes an appellate court to order a conviction on a permissive . . . See § 924.34, Fla. . . . The First District recognized, however, that the Florida Supreme Court has construed section 924.34 to . . . We think these later decisions make it clear beyond any doubt that section 924.34 as interpreted in I.T . . .
. . . Section 924.34, Florida Statutes (2001), states: When the appellate court determines that the evidence . . . Further, “section 924.34 refers to both category 1 necessary lesser included offenses and category 2 . . . See § 924.34, Fla. Stat. (2001); see also Coicou, 867 So.2d at 412. . . . The question is certified because of our difficulty in reconciling I.T.’s construction of section 924.34 . . . Accordingly, a section 924.34 remand with directions for the trial court to impose judgment and sentence . . .
. . . See § 924.34, Fla. Stat. (1999). . . .
. . . Thus, pursuant to section 924.34, Florida Statutes (2002), Sampson’s conviction for possession of cocaine . . .
. . . Section 924.34, Florida Statutes (2001), states: When the appellate court determines that the evidence . . . State, 694 So.2d 720 (Fla. 1997), that section 924.34 refers to both category 1 necessary lesser included . . .
. . . See § 924.34, Fla. Stat. (2002); I.T. v. State, 694 So.2d 720 (Fla.1997). . . .
. . . See § 924.34, Fla. Stat. (2002); Ellis v. State, 714 So.2d 1160, 1161 (Fla. 2d DCA 1998). . . .
. . . court should remand for entry of an order finding B.B.P. guilty of grand theft pursuant to section 924.34 . . . Section 924.34 provides: When the appellate court determines that the evidence does not prove the offense . . . Therefore, section 924.34 has no application in this case. . . .
. . . See § 924.34, Fla. Stat. (2002). CASANUEVA and DAVIS, JJ„ concur. . . . .
. . . See § 924.34, Fla. Stat. (2000). In all other respects, we affirm. . . .
. . . Pursuant to section 924.34, Florida Statutes (1997), we must next determine whether the evidence supports . . .
. . . Pursuant to section 924.34, Florida Statutes (2001), this court may direct the trial court to enter judgment . . .
. . . See § 924.34, Fla. Stat. (1999). Reversed and remanded. BLUE, C.J., and GREEN, J., concur. . . .
. . . . § 924.34, Fla. Stat. (1995); Bledsoe v. State, 764 So.2d 927, 928 (Fla. 2d DCA 2000). . . .
. . . section 316.1935(1) and because the jury was properly instructed on it, we remand, pursuant to section 924.34 . . .
. . . Section 924.34, Florida Statutes, provides that when the appellate court determines that the evidence . . .
. . . Section 924.34, Florida Statutes (1997), provides that when the appellate court determines that the evidence . . .
. . . See § 924.34, Fla. Stat. (1997). . . .
. . . See § 924.34, Fla. Stat. PADOVANO and LEWIS, JJ„ CONCUR. . . .
. . . See § 924.34, Fla. Stat. (1999). . . .
. . . State, 694 So.2d 720 (Fla.1997) (applying section 924.34, Florida Statutes in a juvenile delinquency . . .