Vernon Stevens v. State of Florida

This case is before the Court for review of the decision of the Second District Court of Appeal in Stevens v. State, 195 So.3d 403 (Fla. 2d DCA 2016). The district court certified that its decision is in direct conflict with the decision of the Fourth District Court of Appeal in Moore v. State, 932 So.2d 524 (Fla. 4th DCA 2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we hold that the trial court properly denied Stevens’ request for a second-degree arson instruction because there was no evidence adduced at trial that entitled him to such an…