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Florida Statute 924.34 | Lawyer Caselaw & Research
F.S. 924.34 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 924.34

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW
View Entire Chapter
F.S. 924.34
924.34 When evidence sustains only conviction of lesser offense.When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser statutory degree of the offense or a lesser offense necessarily included in the offense charged, the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense.
History.s. 310, ch. 19554, 1939; CGL 1940 Supp. 8663(323); s. 161, ch. 70-339; s. 1558, ch. 97-102.

F.S. 924.34 on Google Scholar

F.S. 924.34 on Casetext

Amendments to 924.34


Arrestable Offenses / Crimes under Fla. Stat. 924.34
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.34.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SANCHEZ, Sr. v. STATE, 270 So. 3d 515 (Fla. App. Ct. 2019)

. . . See § 924.34, Fla. . . .

J. COOKS, v. STATE, 249 So. 3d 774 (Fla. App. Ct. 2018)

. . . Therefore, pursuant to section 924.34, Florida Statutes, the cause should be remanded for entry of a . . .

PARRONDO, v. STATE, 239 So. 3d 777 (Fla. App. Ct. 2018)

. . . State, 51 So.3d 445, 451 (Fla. 2010) (noting that under section 924.34 of the Florida Statute, "when . . .

I. L. a v. STATE, 240 So. 3d 81 (Fla. App. Ct. 2018)

. . . Sigler, 967 So.2d 835 (Fla. 2007) ; § 924.34, Fla. Stat. (2016). . . .

DAVIS, v. STATE v., 235 So. 3d 320 (Fla. 2018)

. . . . § 924.34, Fla. . . . Fla. 2007) (“[W]hen all of the elements of a lesser offense have been determined by the jury, section 924.34 . . .

BARNES, v. STATE, 218 So. 3d 500 (Fla. Dist. Ct. App. 2017)

. . . See § 924.34, Fla. Stat. (2014). . . . Section 924.34, Florida Statutes (2014), provides: When evidence sustains only conviction of lesser offense . . .

MARSH, v. STATE, 219 So. 3d 214 (Fla. Dist. Ct. App. 2017)

. . . See § 924.34, Fla. Stat. (2016); Rodriguez v. . . .

RAMROOP, v. STATE, 214 So. 3d 657 (Fla. 2017)

. . . ] 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 . . .

POCZATEK, v. STATE, 213 So. 3d 1065 (Fla. Dist. Ct. App. 2017)

. . . .”); § 924.34, Fla. . . .

THOMAS, v. STATE, 212 So. 3d 410 (Fla. Dist. Ct. App. 2017)

. . . remand for entry of a judgment of conviction for simple possession of cocaine, pursuant to section 924.34 . . .

COUNCIL, v. STATE, 206 So.3d 155 (Fla. Dist. Ct. App. 2016)

. . . . § 924.34, Fla. Stat. (2016). . . .

WHEELER, v. STATE, 203 So. 3d 1007 (Fla. Dist. Ct. App. 2016)

. . . Had appellant been convicted as charged under this subsection, we would apply section 924.34, Florida . . .

WILLIAMS, v. STATE, 199 So. 3d 424 (Fla. Dist. Ct. App. 2016)

. . . . • Section 924.34, Florida Statutes (2014), permits an appellate court to direct entry of a judgment . . .

ORTIZ, v. STATE, 192 So. 3d 517 (Fla. Dist. Ct. App. 2016)

. . . See § 924.34, Fla. . . . We do not think that section 924.34 applies under the facts of this case. . . .

BRIGHT, v. STATE, 191 So. 3d 497 (Fla. Dist. Ct. App. 2016)

. . . Fla.2007) (“[W]hen all of the elements of a lesser offense have been determined by the jury, section 924.34 . . .

WIECHERT, v. STATE, 170 So. 3d 109 (Fla. Dist. Ct. App. 2015)

. . . See § 924.34, Fla. . . .

GRAHAM, v. STATE, 169 So. 3d 123 (Fla. Dist. Ct. App. 2015)

. . . Sigler, 967 So.2d 835 (Fla.2007) (construing parallel statutory provision, section 924.34, Florida Statutes . . .

HARRIS, v. STATE, 149 So. 3d 1160 (Fla. Dist. Ct. App. 2014)

. . . . § 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 . . .

HIGGS, Sr. v. STATE, 139 So. 3d 411 (Fla. Dist. Ct. App. 2014)

. . . As authority for this procedure, the State cites to section 924.34, Florida Statutes (2011), which provides . . .

A. MASONETT, v. STATE, 137 So. 3d 587 (Fla. Dist. Ct. App. 2014)

. . . Section 924.34, Florida Statutes (2013), provides: When the appellate court determines that the evidence . . .

GERALD, v. STATE, 132 So. 3d 891 (Fla. Dist. Ct. App. 2014)

. . . See § 924.34, Fla. Stat. (2012); State v. Sigler, 967 So.2d 835 (Fla.2007). . . .

WATSON, v. STATE, 133 So. 3d 1120 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 924.34, Florida Statutes, we remand with instructions to the trial court to enter . . .

RENO, v. STATE, 121 So. 3d 1174 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

RUSSELL, v. STATE, 114 So. 3d 419 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

STANLEY, v. STATE, 112 So. 3d 718 (Fla. Dist. Ct. App. 2013)

. . . See § 924.34, Fla. Stat. (2010). Affirmed in part, reversed in part, and remanded. . . .

PARTLOW, v. STATE, 134 So. 3d 1027 (Fla. Dist. Ct. App. 2013)

. . . . § 924.34, Fla. Stat. (2012). The statute has been applied to first-degree murder cases, Hines v. . . .

D. SANCHEZ, v. STATE, 101 So. 3d 1283 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

J. K. K. a v. STATE, 92 So. 3d 299 (Fla. Dist. Ct. App. 2012)

. . . We remand for entry of adjudication of petit theft as authorized by section 924.34, Florida Statutes . . .

HANSON, v. STATE, 92 So. 3d 288 (Fla. Dist. Ct. App. 2012)

. . . necessarily found that the elements of such lesser offense were proven, we remand, pursuant to section 924.34 . . .

K. AYCOCK, v. STATE, 87 So. 3d 1259 (Fla. Dist. Ct. App. 2012)

. . . reverse and remand to the trial court for entry of a judgment for petit theft in accordance with section 924.34 . . .

CRAIN, v. STATE, 79 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . See § 924.34, Fla. Stat. (2009). Reversed and remanded with directions. CLARK, J., concurs. . . .

CARTER, v. STATE, 77 So. 3d 849 (Fla. Dist. Ct. App. 2012)

. . . See § 924.34, Fla. . . . Sigler, 967 So.2d 835, 845 (Fla.2007), the Florida Supreme Court held that section 924.34 is "unconstitutional . . .

HARRIS, v. STATE, 76 So. 3d 1080 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

M. S. O. a v. STATE, 73 So. 3d 842 (Fla. Dist. Ct. App. 2011)

. . . . § 924.34, Fla. Stat. (2011). As to the other issue raised on appeal, we affirm. . . .

LUTHER, v. STATE, 68 So. 3d 384 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

WALLACE, v. STATE, 66 So. 3d 1086 (Fla. Dist. Ct. App. 2011)

. . . 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. . . .

WESS, v. STATE, 67 So. 3d 1133 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

AUSTIN, v. STATE, 64 So. 3d 139 (Fla. Dist. Ct. App. 2011)

. . . Because the evidence does not sustain the grand theft conviction pursuant to section 924.34, Florida . . .

V. C. a v. STATE, 63 So. 3d 831 (Fla. Dist. Ct. App. 2011)

. . . See § 924.34, Fla. . . .

LARRY, v. STATE, 61 So. 3d 1205 (Fla. Dist. Ct. App. 2011)

. . . See § 924.34, Fla. Stat. (2010); Higdon, 814 So.2d at 1197; Harris, 655 So.2d at 1182. . . .

FRITTS, v. STATE, 58 So. 3d 430 (Fla. Dist. Ct. App. 2011)

. . . Accordingly, pursuant to section 924.34, Florida Statutes (2010), we reverse the conviction and sentence . . .

J. L. A v. STATE, 57 So. 3d 924 (Fla. Dist. Ct. App. 2011)

. . . Section 924.34, Florida Statutes (2009), provides that when an appellate court determines that the evidence . . .

HERNANDEZ, v. STATE, 56 So. 3d 752 (Fla. 2010)

. . . 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 . . .

JAIMES, v. STATE, 51 So. 3d 445 (Fla. 2010)

. . . REMEDY Under section 924.34, Florida Statutes (2010), when an appellate court vacates a conviction but . . .

ALDACOSTA, v. STATE, 41 So. 3d 1096 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

M. CANAVAN, v. STATE, 38 So. 3d 885 (Fla. Dist. Ct. App. 2010)

. . . Section 924.34, Florida Statutes (2007), requires an appellate court to remand for entry of a judgment . . .

COICOU, v. STATE, 39 So. 3d 237 (Fla. 2010)

. . . 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 . . .

POOLE, v. STATE, 30 So. 3d 696 (Fla. Dist. Ct. App. 2010)

. . . . § 924.34, Fla. Stat. (2007). . . . .

SLACK, v. STATE, 30 So. 3d 684 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

BOGGS, v. STATE, 27 So. 3d 246 (Fla. Dist. Ct. App. 2010)

. . . See § 924.34, Fla. Stat. (2007). . . .

ERSKINE, v. STATE, 23 So. 3d 1207 (Fla. Dist. Ct. App. 2009)

. . . See § 924.34, Fla. Stat. (2006). . . .

ALLEN, v. STATE, 18 So. 3d 741 (Fla. Dist. Ct. App. 2009)

. . . See § 924.34, Fla. Stat. (2007); see also State v. . . .

SANTIAGO, v. STATE, 991 So. 2d 439 (Fla. Dist. Ct. App. 2008)

. . . See § 924.34, Fla. Stat. (2006). Accordingly, resentencing on remand will be necessary. . . .

CULVER, a k a v. STATE, 990 So. 2d 1206 (Fla. Dist. Ct. App. 2008)

. . . See § 924.34, Fla. Stat. (2004); Ross v. State, 528 So.2d 1237, 1241 (Fla. 3d DCA 1988). . . .

TRIBBITT, v. STATE, 984 So. 2d 624 (Fla. Dist. Ct. App. 2008)

. . . See § 924.34, Fla. . . . Sigler, 967 So.2d 835, 845 (Fla.2007), the Florida Supreme Court held that section 924.34 is "unconstitutional . . .

CARRIN, v. STATE, 980 So. 2d 604 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

CARRIN, v. STATE, 978 So. 2d 115 (Fla. 2008)

. . . , 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 . . .

VALENTIN, v. STATE, 974 So. 2d 629 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

DAVIS, v. STATE, 973 So. 2d 1277 (Fla. Dist. Ct. App. 2008)

. . . See § 924.34, Fla. Stat. (2005). . . .

BRUMIT, v. STATE, 971 So. 2d 205 (Fla. Dist. Ct. App. 2007)

. . . 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 v. SIGLER,, 967 So. 2d 835 (Fla. 2007)

. . . 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. . . .

PALLIN, v. STATE, 965 So. 2d 1226 (Fla. Dist. Ct. App. 2007)

. . . See § 924.34, Fla. . . .

PHILLIPS, a k a v. STATE, 961 So. 2d 1137 (Fla. Dist. Ct. App. 2007)

. . . See § 924.34, Fla. Stat. (2003); Grant v. State, 864 So.2d 503, 505 (Fla. 4th DCA 2004). . . .

HARRIS, v. STATE, 954 So. 2d 1260 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

T. HENDERSON, v. STATE, 952 So. 2d 1269 (Fla. Dist. Ct. App. 2007)

. . . See § 924.34, Fla. Stat. (2006); see also Bledsoe v. . . .

KEYS, v. STATE, 949 So. 2d 1080 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

J. COLE, v. STATE, 942 So. 2d 1010 (Fla. Dist. Ct. App. 2006)

. . . with directions to the trial court to enter a judgment for false imprisonment with a firearm, see § 924.34 . . .

GRAY, Sr. v. STATE, 939 So. 2d 1095 (Fla. Dist. Ct. App. 2006)

. . . . § 924.34, Fla. Stat. (2004). . . .

FESTA, v. STATE, 927 So. 2d 1049 (Fla. Dist. Ct. App. 2006)

. . . See § 924.34, Fla. . . . State, 881 So.2d 14 (Fla. 4th DCA 2004), we held under similar circumstances that section 924.34 is no . . .

JONES, v. STATE, 908 So. 2d 615 (Fla. Dist. Ct. App. 2005)

. . . See § 924.34, Fla. Stat. . . .

SANDERS, Jr. v. STATE, 905 So. 2d 271 (Fla. Dist. Ct. App. 2005)

. . . we remand for the trial court to enter judgment for the lesser offense of false imprisonment, see § 924.34 . . .

J. I. S. a v. STATE, 902 So. 2d 890 (Fla. Dist. Ct. App. 2005)

. . . See § 924.34, Fla. Stat. (2003). . . .

MICHELSON, v. STATE, 927 So. 2d 890 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

CORNEJO, a k a v. STATE, 892 So. 2d 1160 (Fla. Dist. Ct. App. 2005)

. . . that we could not remand for the entry of a conviction of third degree felony murder under section 924.34 . . .

CRAIN, v. STATE, 894 So. 2d 59 (Fla. 2004)

. . . 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 . . .

JONES, v. STATE, 885 So. 2d 466 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

RAYL, v. STATE, 891 So. 2d 1052 (Fla. Dist. Ct. App. 2004)

. . . authority to direct the trial court to adjudicate Rayl guilty of manslaughter on remand pursuant to section 924.34 . . .

THORNTON, v. STATE, 884 So. 2d 276 (Fla. Dist. Ct. App. 2004)

. . . Section 924.34, Florida Statutes (2000), allows this court to order the trial court to enter a directed . . .

SIGLER, v. STATE, 881 So. 2d 14 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

CARRIN, v. STATE, 875 So. 2d 719 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

DAYES, v. STATE, 869 So. 2d 58 (Fla. Dist. Ct. App. 2004)

. . . See § 924.34, Fla. Stat. (1999). . . .

SAMPSON, v. STATE, 863 So. 2d 404 (Fla. Dist. Ct. App. 2003)

. . . Thus, pursuant to section 924.34, Florida Statutes (2002), Sampson’s conviction for possession of cocaine . . .

COICOU, v. STATE, 867 So. 2d 409 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

SANTIAGO, v. STATE, 847 So. 2d 1060 (Fla. Dist. Ct. App. 2003)

. . . See § 924.34, Fla. . . .

PEPITONE, v. STATE, 846 So. 2d 640 (Fla. Dist. Ct. App. 2003)

. . . See § 924.34, Fla. Stat. (2002); I.T. v. State, 694 So.2d 720 (Fla.1997). . . .

BRUMIT, v. STATE, 843 So. 2d 978 (Fla. Dist. Ct. App. 2003)

. . . See § 924.34, Fla. Stat. (2002); Ellis v. State, 714 So.2d 1160, 1161 (Fla. 2d DCA 1998). . . .

B. B. P. v. STATE, 841 So. 2d 687 (Fla. Dist. Ct. App. 2003)

. . . 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. . . .

R. LIGHT, v. STATE, 841 So. 2d 623 (Fla. Dist. Ct. App. 2003)

. . . See § 924.34, Fla. Stat. (2002). CASANUEVA and DAVIS, JJ„ concur. . . . .

DORTCH, v. STATE, 848 So. 2d 1159 (Fla. Dist. Ct. App. 2003)

. . . See § 924.34, Fla. Stat. (2000). In all other respects, we affirm. . . .

TILLMAN, v. STATE, 842 So. 2d 922 (Fla. Dist. Ct. App. 2003)

. . . Pursuant to section 924.34, Florida Statutes (1997), we must next determine whether the evidence supports . . .

HOUSE, v. STATE, 831 So. 2d 1230 (Fla. Dist. Ct. App. 2002)

. . . Pursuant to section 924.34, Florida Statutes (2001), this court may direct the trial court to enter judgment . . .

STATE v. HIGDON,, 814 So. 2d 1196 (Fla. Dist. Ct. App. 2002)

. . . See § 924.34, Fla. Stat. (1999). Reversed and remanded. BLUE, C.J., and GREEN, J., concur. . . .

STATE v. MOORE,, 814 So. 2d 1127 (Fla. Dist. Ct. App. 2002)

. . . . § 924.34, Fla. Stat. (1995); Bledsoe v. State, 764 So.2d 927, 928 (Fla. 2d DCA 2000). . . .

WILSON, v. STATE, 808 So. 2d 1285 (Fla. Dist. Ct. App. 2002)

. . . section 316.1935(1) and because the jury was properly instructed on it, we remand, pursuant to section 924.34 . . .

SIGLER, v. STATE, 805 So. 2d 32 (Fla. Dist. Ct. App. 2001)

. . . Section 924.34, Florida Statutes, provides that when the appellate court determines that the evidence . . .

MICHELSON, v. STATE, 805 So. 2d 983 (Fla. Dist. Ct. App. 2001)

. . . Section 924.34, Florida Statutes (1997), provides that when the appellate court determines that the evidence . . .

GARCIA, v. STATE, 800 So. 2d 725 (Fla. Dist. Ct. App. 2001)

. . . See § 924.34, Fla. Stat. (1997). . . .

S. SMITH, v. STATE, 793 So. 2d 1118 (Fla. Dist. Ct. App. 2001)

. . . See § 924.34, Fla. Stat. PADOVANO and LEWIS, JJ„ CONCUR. . . .

McCOY, v. STATE, 789 So. 2d 489 (Fla. Dist. Ct. App. 2001)

. . . See § 924.34, Fla. Stat. (1999). . . .

C. C. M. a v. STATE, 782 So. 2d 537 (Fla. Dist. Ct. App. 2001)

. . . State, 694 So.2d 720 (Fla.1997) (applying section 924.34, Florida Statutes in a juvenile delinquency . . .