Burrell v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that conviction of a crime, where essential elements were not established, was fundamental error, but pointing out that the failure in proof could not have been corrected if the issue had been raised in the trial court.
• noting that the case was not one in which the State's failure to prove the offense was a technical matter that could have been resolved below if raised, but rather it was clear that the State could not prove an essential element because the facts did not support it
• under Florida statute, a defendant cannot be convicted for both second degree grand theft and dealing in stolen property when one scheme or course of conduct is involved
• “[I]t would be fundamental error not to correct on appeal a situation where [a defendant] stands convicted of a crime that never occurred.” (second alteration in original) (quoting Nelson v. State, 543 So. 2d 1308, 1309 (Fla. 2d DCA 1989))

Source: CourtListener parenthetical corpus (CC0).

Cited by

18 cases in this archive cite this case.

• State v. Michielli
  Washington Supreme Court· 1997-05-29· cited 257×
• Harris v. State
  District Court of Appeal of Florida· 1994-07-29· cited 35×
• Brown v. State
  District Court of Appeal of Florida· 1995-03-10· cited 16×
• Blair v. State
  District Court of Appeal of Florida· 1996-01-10· cited 13×
• Hempstead v. State
  District Court of Appeal of Florida· 2008-05-09· cited 10×
• Hornsby v. State
  District Court of Appeal of Florida· 1996-09-25· cited 9×
• Santiago v. State
  District Court of Appeal of Florida· 2003-06-11· cited 7×
• Garcia v. State
  District Court of Appeal of Florida· 1993-02-10· cited 5×
• Lowman v. Moore
  District Court of Appeal of Florida· 1999-11-10· cited 4×
• Shepherd v. State
  District Court of Appeal of Florida· 1995-07-19· cited 2×
• State v. Michielli
  Court of Appeals of Washington· 1996-05-23· cited 2×
• Burrell v. State
  District Court of Appeal of Florida· 1993-11-10· cited 1×
• Ewing v. State
  District Court of Appeal of Florida· 2012-12-10
• Street v. State
  District Court of Appeal of Florida· 1993-04-28
• Dixson v. State
  District Court of Appeal of Florida· 1998-08-07
• Dubuisson v. State
  District Court of Appeal of Florida· 2000-08-02
• T.H. v. State
  District Court of Appeal of Florida· 2001-04-18
• Robert Wayne Lincoln v. State of Florida
  District Court of Appeal of Florida· 2024-12-30

Cites

6 cases in this archive are cited by this case.

• Nelson v. State
  District Court of Appeal of Florida· 1989-05-31· cited 33×
• Johnson v. State
  District Court of Appeal of Florida· 1990-11-09· cited 19×
• Goddard v. State
  Supreme Court of Florida· 1984-09-06· cited 14×
• Rife v. State
  District Court of Appeal of Florida· 1984-03-14· cited 10×
• Stallworth v. State
  District Court of Appeal of Florida· 1989-02-10· cited 7×
• State v. Bostic
  District Court of Appeal of Florida· 1984-03-09· cited 2×