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Coles v. State

Citations: 941 So. 2d 1288; 2006 WL 3373079Docket: 4D05-200

Court: District Court of Appeal of Florida; November 21, 2006; Florida; State Appellate Court

Narrative Opinion Summary

Charly Coles, Jr. appealed his convictions related to a home invasion robbery, raising several issues, some overlapping with those of his co-defendants. The court referenced its prior ruling in Garzon v. State to address common issues, confirming its conclusions in that case. The court found no merit in the additional issues specific to Coles' case. Consequently, the court affirmed all of Coles' convictions except for the armed kidnapping convictions in Counts V and VI, which were reversed and remanded for a new trial. The court also certified a conflict with decisions in Davis v. State and Zeno v. State. The ruling resulted in a partial affirmation and partial reversal, with remand for further proceedings. Judges Polen and Klein concurred with the decision.

Legal Issues Addressed

Appeal of Convictions in Criminal Cases

Application: Charly Coles, Jr.'s appeal of his convictions related to a home invasion robbery was addressed by the court, which affirmed most of his convictions.

Reasoning: Charly Coles, Jr. appealed his convictions related to a home invasion robbery, raising several issues, some overlapping with those of his co-defendants.

Application of Precedent in Judicial Decisions

Application: The court applied its prior ruling in Garzon v. State to address common issues presented by Coles and his co-defendants, confirming its conclusions from that case.

Reasoning: The court referenced its prior ruling in Garzon v. State to address common issues, confirming its conclusions in that case.

Certification of Conflict Between Judicial Decisions

Application: The court certified a conflict with decisions in Davis v. State and Zeno v. State, indicating a divergence in legal interpretations or applications.

Reasoning: The court also certified a conflict with decisions in Davis v. State and Zeno v. State.

Reversal and Remand for New Trial

Application: The court reversed and remanded the armed kidnapping convictions in Counts V and VI for a new trial due to issues found in those specific convictions.

Reasoning: Consequently, the court affirmed all of Coles' convictions except for the armed kidnapping convictions in Counts V and VI, which were reversed and remanded for a new trial.