Legal Opinion

Rivera v. State

District Court of Appeal of Florida

Decided December 20, 2017No. Case No. 2D13-4742PublishedCited by 2 opinions

1Opinion of the Court

SILBERMAN, Judge.

Yousel L. Rivera appeals his judgment and mandatory life sentence for attempted first-degree murder of a law enforcement officer with a firearm. He raises five issues on appeal, but we discuss the only one that requires reversal. Based on Ramroop v. State, 214 So.3d 657 (Fla. 2017), we reverse and remand for a new trial because the trial court failed to give the requested jury instruction regarding whether Rivera had knowledge that the victim was a law enforcement officer.

The offense arose as the result of a traffic stop during which Rivera was a passenger. When the officer…

2Cases cited4 opinions

  1. Alleyne v. United StatesSupreme Court of the United States · 2013
  2. Bledsoe v. StateDistrict Court of Appeal of Florida · 2000
  3. Nolte v. StateDistrict Court of Appeal of Florida · 1998
  4. Gangapersad Ramroop v. State of FloridaSupreme Court of Florida · 2017

3Cited by2 opinions

  1. Godwin v. MicheliniDistrict Court of Appeal of Florida · 2025
  2. Yousel L. Rivera v. State of FloridaDistrict Court of Appeal of Florida · 2025

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