No. 18-5637

Afelix Desir v. Florida

Lower Court: Florida
Docketed: 2018-08-17
Status: Denied
Type: IFP
IFP
Tags: criminal-law criminal-statute due-process fundamental-error information-charging jury-instructions minor minor-protection sexual-activity sexual-offense
Key Terms:
DueProcess
Latest Conference: 2018-10-12
Question Presented (from Petition)

Does a trial court commit fundamental error when it instructs a jury regarding both "Penile/Vaginal intercourse" unlawful sexual activity with specific minor and "Penetration or Union with mouth of victim" unlawful sexual activity with specified minor when the information charged only one form of the crime and evidence was presented and argument was made regarding the alternative form?

Does the information, verdict form, and the jury instructions have to correlate to contain a lawful conviction?

Question Presented (AI Summary)

Does a trial court commit fundamental error when it instructs a jury regarding both 'Penile/Vaginal intercourse' unlawful sexual activity with specific minor and 'Penetration or Union with mouth of victim' unlawful sexual activity with specified minor when the information charged only one form of the crime and evidence was presented and argument was made regarding the alternative form?

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Afelix Desir
Afelix Desir — Petitioner