SC04-1251 – Raymond Carrin v. State Of Florida

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SC04-1251 – Raymond Carrin v. State Of Florida – Corrected Opinion

State: Florida

Court: Supreme Court

Docket No: sc04-1251

Case Date: 03/13/2008

Plaintiff: SC04-1251 – Raymond Carrin

Defendant: State Of Florida – Corrected Opinion

Preview:Supreme Court of Florida
No. SC04-1251
RAYMOND CARRIN,
Petitioner,
vs.
STATE OF FLORIDA,
Respondent.
[March 6, 2008]
CORRECTED OPINION
PER CURIAM.
We have for review Carrin v. State, 875 So. 2d 719, 721 (Fla. 1st DCA
2004), in which the First District Court of Appeal cited section 924.34, Florida
Statutes (2001), as construed by I.T. v. State, 694 So. 2d 720 (Fla. 1997), in
holding that, “[b]ecause the evidence does not prove the offense for which the
appellant was found guilty but does establish the lesser offense of culpable
negligence, we reverse the appellant's conviction for aggravated assault on a law
enforcement officer and remand this cause to the trial court with directions to enter
judgment for culpable negligence.”  In so holding, however, the First District Court
certified the following question as one of great public importance:   “Does the

procedure prescribed in I.T. v. State deny defendants their federal constitutional
rights to trial by jury and proof beyond a reasonable doubt?”  Carrin, 875 So. 2d at
722.  We have jurisdiction.  See art. V, § 3(b)(4), Fla. Const.
We stayed proceedings in this case pending disposition of State v. Sigler,
967 So. 2d 835, 845 (Fla. 2007), in which we discussed I.T. and other cases at
length in ultimately holding section 924.34 unconstitutional “to the extent that it
can be read to allow the appellate court to direct entry of judgment for a lesser-
included offense when all of the elements of the lesser-included offense have not
been found by a jury beyond a reasonable doubt.”    We thereafter issued an order
directing respondent to show cause why we should not exercise jurisdiction in this
case, summarily quash the decision being reviewed, and remand for
reconsideration in light of our decision in Sigler.  Respondent has conceded that it
cannot show such cause.
We accordingly grant the petition for review in the present case.  The
decision under review is quashed and this matter is remanded to the First District
Court for reconsideration upon application of this Court's decision in Sigler.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and
BELL, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
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Application for Review of the Decision of the District Court of Appeal - Certified
Great Public Importance
First District - Case No. 1D03-2084
(Leon County)
James Cameron Banks of Law Office of Banks and Morris, P.A., Special Assistant
Public Defender, Tallahassee, Florida,
for Petitioner
Bill McCollum, Attorney General, and Bryan G. Jordan, Assistant Attorney
General, Tallahassee, Florida,
for Respondent
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