Derek Jamal Flowers v. State of Florida

Beware what you ask for. Here, defense counsel requested a jury instruction on a lesser included charge. Mr. Flowers was then convicted on that lesser included charge, and Mr. Flowers now seeks to be released without the possibility of retrial because the lesser included charge his attorney requested was time-barred. The invited error doctrine precludes such a “heads I win, tails you lose” game.

The State initially charged Mr. Flowers with robbery, aggravated fleeing, and kidnapping. Defense counsel successfully argued that the robbery and aggravated fleeing charges were time-barred. The…