Legal Opinion

Rodney L. Long Jr. v. State of Florida

District Court of Appeal of Florida

Decided April 4, 2016No. 1D15-2272PublishedCited by 1 opinion

1Opinion of the CourtWolf, J.

In Long v. State, 156 So.3d 1080 (Fla. 1st DCA 2015), this court affirmed Rodney Long’s two convictions of burglary of a dwelling, one committed at the Webb residence and the other at the McGowan residence. Long now alleges he received ineffective assistance of appellate counsel in his direct appeal because his appointed counsel failed to argue fundamental error in the jury instructions. We find the jury instruction on burglary was erroneous because it misinformed the jury that it had to find the defendant entered with an intent to commit burglary, rather than a separate offense. We further…

2Cases cited11 opinions

  1. State v. DelvaSupreme Court of Florida · 1991
  2. Haygood v. StateSupreme Court of Florida · 2013
  3. Battle v. StateSupreme Court of Florida · 2005
  4. Viveros v. StateDistrict Court of Appeal of Florida · 1997
  5. Morton v. StateDistrict Court of Appeal of Florida · 1984

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3Cited by1 opinion

  1. Padilla v. StateDistrict Court of Appeal of Florida · 2017

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