Legal Opinion

State v. Cappalo

District Court of Appeal of Florida

Decided February 10, 2006No. 2D04-3365PublishedCited by 5 opinions

1Opinion of the Court

CANADY, Judge.

The State appeals the trial court’s order granting Nicholas Cappalo’s motion for judgment of acquittal on charges of aggravated fleeing and eluding and attempted aggravated assault. We conclude that the trial court erred in determining that the *333jury’s guilty verdicts for aggravated fleeing and eluding and attempted aggravated assault were impermissibly inconsistent with the not guilty by reason of insanity verdicts returned for related offenses of burglary and grand theft.

I. Background,

Cappalo was charged by information with aggravated fleeing and eluding, aggravated assault…

2Cases cited10 opinions

  1. Mahaun v. StateSupreme Court of Florida · 1979
  2. Redondo v. StateSupreme Court of Florida · 1981
  3. Gonzalez v. StateDistrict Court of Appeal of Florida · 1983
  4. State v. PowellSupreme Court of Florida · 1996
  5. Gonzalez v. StateDistrict Court of Appeal of Florida · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Shavers v. StateDistrict Court of Appeal of Florida · 2012
  2. Nettles v. StateDistrict Court of Appeal of Florida · 2013
  3. In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.Supreme Court of Florida · 2019
  4. State v. KelleyDistrict Court of Appeal of Florida · 2013
  5. Sinclair v. Florida Department of CorrectionsDistrict Court, S.D. Florida · 2022

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