Lewellen v. State

How courts have described this case

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

• holding instruction on petit theft was not fundamental error because it was lesser in degree and punishment than grand theft of a motor vehicle
• holding it was fundamental error to elevate defendant's petit theft conviction to first-degree misdemeanor under section 812.014(3)(b) where information did not allege prior theft convictions
• finding fundamental error where trial court elevated the degree of the petit theft conviction without regard to any prior conviction, misclassifying the offense as first-degree, as opposed to a second-degree misdemeanor
• since definition of petit theft excludes certain items, including automobiles, petit theft cannot be considered lesser included offense of grand theft auto

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Fryer v. State
  District Court of Appeal of Florida· 1999-04-30· cited 14×
• Chambers v. State
  District Court of Appeal of Florida· 2004-04-28· cited 11×
• Pea v. State
  District Court of Appeal of Florida· 1999-07-02· cited 2×
• Harris v. State
  District Court of Appeal of Florida· 1997-08-15· cited 2×
• RICHARD WILLIAMS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-11-06
• Livar v. State
  District Court of Appeal of Florida· 2004-05-21

Cites

8 cases in this archive are cited by this case.

• Reyes v. State
  District Court of Appeal of Florida· 1995-02-15· cited 332×
• Ray v. State
  Supreme Court of Florida· 1981-07-30· cited 256×
• Johnson v. State
  Supreme Court of Florida· 1979-02-22· cited 21×
• Roberts v. State
  District Court of Appeal of Florida· 1984-12-18· cited 10×
• Young v. State
  Supreme Court of Florida· 1994-08-18· cited 6×
• Jenkins v. State
  District Court of Appeal of Florida· 1993-05-05· cited 4×
• Valladares v. State
  District Court of Appeal of Florida· 1995-07-21· cited 4×
• O'Brian v. State
  District Court of Appeal of Florida· 1995-01-31· cited 2×