Prater 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 that trial court committed per se reversible error when it omitted a necessarily lesser included offense from the verdict form, precluding the jury from exercising its pardon power
• noting that simple burglary is “only ‘one step’ removed from the primary offense of burglary of a dwelling”
• noting that simple burglary is \only `one step' removed from the primary offense of burglary of a dwelling\
• reiterating the general rule that a verdict form that is not in conformance with the jury instructions is defective (citing Wilson v. State, 566 So. 2d 36, 37 (Fla. 4th DCA 1990))

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• McKIVER v. State
  District Court of Appeal of Florida· 2011-02-11· cited 15×
• Morris v. State
  District Court of Appeal of Florida· 1995-07-19· cited 11×
• Bethea v. State
  District Court of Appeal of Florida· 2000-09-28· cited 7×
• Rogers v. State
  District Court of Appeal of Florida· 2003-05-09· cited 5×
• PATRICK JAY BANKS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-10-11

Cites

4 cases in this archive are cited by this case.

• State v. Abreau
  Supreme Court of Florida· 1978-05-26· cited 198×
• In Re Stan. Jury Instr. in Criminal Cases
  Supreme Court of Florida· 1989-03-30· cited 52×
• Fernandez v. State
  District Court of Appeal of Florida· 1990-10-12· cited 12×
• Wilson v. State
  District Court of Appeal of Florida· 1990-08-22· cited 7×