Wileme Baptiste v. State of Florida

Supreme Court of Florida ____________ No. SC20-1083 ____________ WILEME BAPTISTE, Petitioner, vs. STATE OF FLORIDA, Respondent. August 26, 2021 LAWSON, J. We accepted review of the Third District Court of Appeal’s decision in Baptiste v. State,

306 So. 3d 306

(Fla. 3d DCA 2020), because it expressly and directly conflicts with the Fourth District Court of Appeal’s decision in Rubi v. State,

952 So. 2d 630

(Fla. 4th DCA 2007), on the same question of law. See art. V, § 3(b)(3), Fla. Const. The conflict turns on whether a jury charge, requested by defense counsel but argued on appeal to be…