Legal Opinion · Dissent

Emory v. State

District Court of Appeal of Florida

Decided September 29, 2010No. 4D08-4815Published

1DissentFarmer, J.

I cannot agree with the majority opinion. In my mind there is a significant difference between a verdict finding guilt on the principal charge said to have included a firearm and a verdict that acquits on that charge., If he is acquitted on the charge of armed robbery, how can the jury’s answer to the possession part be dispositive of anything? When the jury acquitted on the armed robbery charge, the special interrogatory became immaterial. Moreover, the rule requires separate *92trials on the two charges, so it does not much matter whether the order is denominated a severance, a bifurcation or…

2Cases cited9 opinions

  1. Goodwin v. StateSupreme Court of Florida · 1999
  2. State v. VazquezSupreme Court of Florida · 1982
  3. Brown v. StateSupreme Court of Florida · 2007
  4. Gonzalez v. StateDistrict Court of Appeal of Florida · 1983
  5. State v. PowellSupreme Court of Florida · 1996

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