Legal Opinion

Edwards v. State

District Court of Appeal of Florida

Decided September 30, 2009No. 3D08-1476Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

We find no reversible error in any of the points raised on this appeal from convictions of assault and aggravated assault, as lesser included offenses of aggravated assault on a law enforcement officer with a firearm and attempted first degree murder, respectively.

While a portion of the prosecutor’s final argument may have been questionable under the “gotcha” theory stated in Garcia v. State, 564 So.2d 124 (Fla.1990), Romero v. State, 901 So.2d 260 (Fla. 4th DCA 2005), and Hernandez v. Home Depot U.S.A., Inc., 695 So.2d 484 (Fla. 3d DCA 1997), 1 we hold both that (1)…

2Cases cited6 opinions

  1. Craig v. StateSupreme Court of Florida · 1987
  2. Romero v. StateDistrict Court of Appeal of Florida · 2005
  3. Garcia v. StateSupreme Court of Florida · 1990
  4. Hernandez v. Home Depot USA, Inc.District Court of Appeal of Florida · 1997
  5. Henry v. StateDistrict Court of Appeal of Florida · 1974

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