Jossey v. State

Full title: Larry JOSSEY, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Dec 12, 2014

154 So. 3d 425 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D13–3826.

12-12-2014

Larry JOSSEY, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Larry Jossey appeals his conviction for armed robbery raising several issues, each of which we affirm. He asked this court to apply the reasoning of Rosemond v. United States, ––– U.S. ––––, 134 S.Ct. 1240, 188 L.Ed.2d 248 (2014), to find error in Florida's standard jury instruction on principals, because it allowed defendant to be convicted as a principal for robbery with the use of a firearm based upon evidence that he intended that the robbery be committed without requiring any showing that he intended that a firearm be used. We do not reach this issue because defendant did not object below and he failed to establish fundamental error.

AFFIRMED.

PADOVANO, RAY, and OSTERHAUS, JJ., concur.