Pena v. State

How courts have described this case

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

• stating that manslaughter is a lesser included offense of and one step removed from second-degree murder
• recognizing that the venire may be separately sworn
• \[T]he failure to allege an essential element of an offense in the charging document is fundamental error.\
• “[T]he failure to allege an essential element of an offense in the charging document is fundamental error, and ... such an issue can be raised at any time.” (citations omitted)
• reciting standard jury instruction for excusable homicide

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• Pena v. State
  Supreme Court of Florida· 2005-02-24· cited 78×
• Smith v. State
  Supreme Court of Florida· 2004-01-29· cited 48×
• United States v. Juan Garcia-Perez
  Fifth Circuit· 2015-02-23· cited 36×
• Figueroa v. State
  District Court of Appeal of Florida· 2012-03-30· cited 18×
• Santiago v. State
  District Court of Appeal of Florida· 2003-06-11· cited 7×
• Hayes v. State
  District Court of Appeal of Florida· 2003-08-13· cited 6×
• State v. Currilly
  District Court of Appeal of Florida· 2013-11-15· cited 5×
• Battle v. State
  District Court of Appeal of Florida· 2003-01-17· cited 4×
• Aumuller v. State
  District Court of Appeal of Florida· 2006-12-08· cited 4×
• Davis v. State
  District Court of Appeal of Florida· 2003-06-27· cited 4×
• Gonsalves v. State
  District Court of Appeal of Florida· 2002-11-15· cited 3×
• Pignataro v. State
  District Court of Appeal of Florida· 2003-01-24· cited 2×
• Guardiola v. State
  District Court of Appeal of Florida· 2004-07-16· cited 1×
• Rayl v. State
  District Court of Appeal of Florida· 2004-09-17· cited 1×
• Martin v. State
  District Court of Appeal of Florida· 2005-03-11
• J. M. v. State of Florida
  District Court of Appeal of Florida· 2025-01-31
• In the Interest of: P.L.S. v. Juvenile Officer
  Missouri Court of Appeals· 2022-09-06

Cites

20 cases in this archive are cited by this case.

• State v. Abreau
  Supreme Court of Florida· 1978-05-26· cited 198×
• State v. Gray
  Supreme Court of Florida· 1983-07-21· cited 105×
• Johnson v. State
  Supreme Court of Florida· 1995-07-13· cited 79×
• Rojas v. State
  Supreme Court of Florida· 1989-11-22· cited 64×
• Jones v. State
  District Court of Appeal of Florida· 1978-07-18· cited 54×
• State v. Von Deck
  Supreme Court of Florida· 1992-11-05· cited 41×
• Brown v. State
  Supreme Court of Florida· 1892-01-15· cited 30×
• Alejo v. State
  District Court of Appeal of Florida· 1986-02-14· cited 27×
• Jesus v. State
  District Court of Appeal of Florida· 1990-07-05· cited 18×
• Velasquez v. State
  District Court of Appeal of Florida· 1995-05-05· cited 16×
• Van Loan v. State
  District Court of Appeal of Florida· 1999-07-21· cited 15×
• Roberts v. State
  District Court of Appeal of Florida· 1997-05-21· cited 14×
• Glover v. State
  District Court of Appeal of Florida· 2002-04-05· cited 10×
• King v. State
  District Court of Appeal of Florida· 2001-12-07· cited 10×
• Smith v. State
  District Court of Appeal of Florida· 2000-12-29· cited 10×
• Baker v. State
  District Court of Appeal of Florida· 1992-08-18· cited 9×
• Martin v. State
  District Court of Appeal of Florida· 2002-05-03· cited 9×
• Martin v. State
  Supreme Court of Florida· 1979-12-06· cited 7×
• Ingleton v. State
  District Court of Appeal of Florida· 1997-09-26· cited 6×
• State v. Roberts
  District Court of Appeal of Florida· 1993-03-12· cited 5×