tag:blogger.com,1999:blog-19039943.post1167387626557671860..comments2024-03-28T17:24:16.483-04:00Comments on THE BLOG: 3rd DCA ROUNDUPRumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-19039943.post-70860839889230925012009-08-06T15:44:23.110-04:002009-08-06T15:44:23.110-04:00SOTOMAYOR confirmedSOTOMAYOR confirmedAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-80614005736485611962009-08-06T09:25:30.182-04:002009-08-06T09:25:30.182-04:00Anyone who refers to Ayn Rand is insecure and ove...Anyone who refers to Ayn Rand is insecure and overcompensating for his mediocrity. Stop trying to impress me, state hackAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-58880659532914989752009-08-06T06:34:17.359-04:002009-08-06T06:34:17.359-04:00Ex-Tampa judge set to plead in Federal Court. He r...Ex-Tampa judge set to plead in Federal Court. He resigned from the 2nd District Court of Appeal in February, months after a stripper came forward claiming he helped her hide from creditors by letting her put money into his bank accounts.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-24613085256054342022009-08-06T06:28:56.385-04:002009-08-06T06:28:56.385-04:00Merritt v. State, 712 So.2d 384
(Fla. 1998).
Flor...Merritt v. State, 712 So.2d 384<br />(Fla. 1998).<br /><br />Florida Supreme Court holds:<br /><br />"The plain language of the statute indicates that the legislature enacted section 784.07 in order to increase the penalties for the enumerated crimes of assault, aggravated assault, battery, and aggravated battery for offenders who commit these crimes upon law enforcement officers. At the time the enhancement statute was enacted, the legislature had created the four enumerated offenses in other statutory provisions. The enhancement statute contains no enhancement or reclassification of penalties for the offense of attempted commission of the enumerated offenses; therefore, attempted assault and attempted battery as well as attempted aggravated assault and battery of a law enforcement officer are nonexistent offenses."<br /><br />Therefore the answer is, blame it on the legislature. If they wanted to enhance attempts, they would have codified that intent.<br /><br />Likewise, only attempted first degree murder of a LEO is permitted, thus defense counsel is not deficient for asking for a crime like attempted second of a LEO as a lesser since that also would be asking for a nonexistent crime. State v Iacovone, 660 So. 2d 1371 (Fla. 1995). They could ask for just attempted second period, if the facts permitted, I suppose. <br /><br />There, you can say it, too much case law early in the morning.Anonymousnoreply@blogger.com