Viveros v. State

How courts have described this case

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

• finding circular instruction failed to properly instruct jury on the specific intent element of burglary
• finding circular instruction failed to properly instruct jury on the specific intent element of burglary
• \Fundamental error is occasioned by an incomplete and inaccurate instruction on an element of a criminal offense.\
• jury instructed it had to find the defendant either unlawfully entered or remained in a structure, \with the intent to commit burglary\
• jury instruction that intent to commit burglary was essential element of armed burglary with firearm was fundamental error; offense required intent to commit some underlying offense, distinct from burglary, at time that defendant went into or remained in structure
• misinstruction as to element of offense reversible error

Source: CourtListener parenthetical corpus (CC0).

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

• Garzon v. State
  District Court of Appeal of Florida· 2006-10-18· cited 38×
• Reed v. State
  District Court of Appeal of Florida· 2001-05-01· cited 26×
• Concepcion v. State
  District Court of Appeal of Florida· 2003-10-03· cited 20×
• Williams v. State
  District Court of Appeal of Florida· 2000-12-27· cited 17×
• Sigler v. State
  District Court of Appeal of Florida· 2001-12-05· cited 16×
• Benitez v. State
  District Court of Appeal of Florida· 2005-04-27· cited 13×
• Johnson v. State
  District Court of Appeal of Florida· 2004-11-17· cited 13×
• Davis v. State
  District Court of Appeal of Florida· 1999-06-16· cited 13×
• Michelson v. State
  District Court of Appeal of Florida· 2001-12-05· cited 12×
• Harrison v. State
  District Court of Appeal of Florida· 1999-11-03· cited 12×
• Freeman v. State
  District Court of Appeal of Florida· 2001-05-02· cited 12×
• Reyes v. State
  District Court of Appeal of Florida· 2001-03-28· cited 10×
• Valentine v. State
  District Court of Appeal of Florida· 2001-01-05· cited 10×
• Swift v. State
  District Court of Appeal of Florida· 2008-01-16· cited 9×
• Morris v. State
  District Court of Appeal of Florida· 2001-05-29· cited 9×
• Jimenez v. State
  District Court of Appeal of Florida· 1998-07-29· cited 9×
• Zama v. State
  District Court of Appeal of Florida· 2011-03-02· cited 9×
• Puskac v. State
  District Court of Appeal of Florida· 1999-05-12· cited 8×
• Bruce v. State
  District Court of Appeal of Florida· 2004-08-11· cited 6×
• Allen v. State
  District Court of Appeal of Florida· 2006-10-18· cited 5×

Cites

13 cases in this archive are cited by this case.

• Ray v. State
  Supreme Court of Florida· 1981-07-30· cited 256×
• State v. Waters
  Supreme Court of Florida· 1983-07-28· cited 105×
• Amado v. State
  Supreme Court of Florida· 1991-09-05· cited 60×
• State v. Espinosa
  Supreme Court of Florida· 1996-12-26· cited 42×
• State v. Von Deck
  Supreme Court of Florida· 1992-11-05· cited 41×
• State v. Wilson
  Supreme Court of Florida· 1996-12-26· cited 28×
• Jones v. State
  District Court of Appeal of Florida· 1995-02-01· cited 27×
• Jones v. State
  District Court of Appeal of Florida· 1996-01-19· cited 23×
• McClain v. State
  District Court of Appeal of Florida· 1980-05-21· cited 22×
• Velasquez v. State
  District Court of Appeal of Florida· 1995-05-05· cited 16×
• Pray v. State
  District Court of Appeal of Florida· 1990-12-19· cited 8×
• Duncan v. State
  District Court of Appeal of Florida· 1992-10-14· cited 4×
• Adams v. State
  District Court of Appeal of Florida· 1996-10-23· cited 2×