Carver v. State

348 So.3d 1214

Joshua Charles CARVER, Appellant,

v.STATE of Florida, Appellee.

Case No. 5D21-2882.

District Court of Appeal of Florida, Fifth District.

Opinion filed October 3, 2022.

PER CURIAM .

AFFIRMED. See Suarez Albo v. State, 300 So.3d 1243 (Fla. 3d DCA 2020); see also Gordon v. State, 219 So.3d 189, 197 n.8 (Fla. 3d DCA 2017) ("For example, in a homicide prosecution, the jury is not permitted to consider any non-homicide lesser-included offenses (e.g., aggravated battery) even if such lesser-included offenses are subsumed within and necessarily established by proof of the murder charge, unless there is some disputed issue of fact (and some evidence to support a theory) regarding an intervening cause of death."); State v. Barritt, 531 So.2d 338, 339 (Fla. 1988); Martin v. State, 342 So.2d 501, 503 (Fla. 1977) superseded on other grounds by Florida Rule of Criminal Procedure 3.490; Humphrey v. State, 690 So.2d 1351 (Fla. 3d DCA 1997).

LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.