Legal Opinion

Ebron v. State

District Court of Appeal of Florida

Decided September 30, 2015No. 1D12-3612Published

1Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF FLORIDA

OSTERHAUS, J.

This case returns to us by order from the Florida Supreme Court, quashing and remanding our decision in Ebron v. State, 134 So.3d 481, 482 (Fla. 1st DCA 2013), reh’g denied (Mar. 31, 2014), and directing us to reconsider Marcus Darnell Ebron’s appeal in light of its recent decision in Griffin v. State, 160 So.3d 63 (Fla.2015). Mr. Ebron’s arguments are premised on the jury having been erroneously instructed on the “intent to kill” element disap*957proved in State v. Montgomery, 39 So.3d 252 (Fla.2010), and extended in Williams v. State, 123…

2Cases cited12 opinions

  1. Castor v. StateSupreme Court of Florida · 1978
  2. State v. DelvaSupreme Court of Florida · 1991
  3. State v. MontgomerySupreme Court of Florida · 2010
  4. Brown v. StateSupreme Court of Florida · 1960
  5. Haygood v. StateSupreme Court of Florida · 2013

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