Brown v. State

District Court of Appeal of Florida

Decided February 12, 1993

District Court of Appeal of Florida · decided 1993-02-12

Cited by 3 later decisions — most recently July 2016

3 state decisions

Key passage — most relied on by later courts

“We reverse appellant's convictions and sentences for battery on a law enforcement officer and resisting arrest with violence, because the trial court improperly restricted voir dire of jury venire relating to the defendant's anticipated voluntary intoxication defense.”

quoted by 1 later decision, including 708 So. 2d 918 - Frey v. State

Relies on 492 So. 2d 1322 - Lavado v. State · 469 So. 2d 917 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-12

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ERVIN, Judge.

¶1We reverse appellant’s convictions and sentences for battery on a law enforcement officer and resisting arrest with violence, because the trial court improperly restricted voir dire of the jury venire relating to appellant’s anticipated voluntary intoxication defense. See Lavado v. State, 492 So.2d 1322 (Fla.1986) (adopting Judge Pearson’s dissent in Lavado v. State, 469 So.2d 917, 919 (Fla. 3d DCA 1985), in its entirety). We nonetheless affirm appellant’s misdemeanor conviction and sentence for possession of drug paraphernalia, because the voluntary intoxication defense did not apply thereto. Because of our disposition of the first issue, it is unnecessary for us to consider appellant’s second issue relating to the habitual felony offender sentences imposed.

¶2REVERSED and REMANDED for new trial on the charges of battery on a law enforcement officer and resisting arrest with violence.

BOOTH and WEBSTER, JJ., concur.