CopyCited 74 times | Published | Supreme Court of Florida
the State of Florida by the provisions of section
910.005(2) grants Florida jurisdiction to try this
CopyCited 73 times | Published | Supreme Court of Florida | 2006 WL 1299617
committed either wholly or partly within this state. §
910.005(1)(a), Fla. Stat. (2003). Because a circuit court
CopyCited 51 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 138
struck in Alabama, we held that pursuant to section
910.005(2), Florida Statutes (1977), Florida had jurisdiction
CopyCited 35 times | Published | Supreme Court of Florida
...He now argues that the trial court erred in denying his request. However, because the robbery and kidnapping occurred in Wakulla County and the rape, continued kidnapping, and murder occurred in Leon County, the cause could have been prosecuted in either county. § 910.05, Fla....
CopyCited 33 times | Published | Supreme Court of Florida
...did kill the said Stephen Anthony Orlando." The State cites the Court to Article I, Section 16, Florida Constitution, providing: "If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient." and Section 910.05, Florida Statutes, providing: "If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred." Appellants were properly tried in Duval County, for...
CopyCited 30 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 703, 2012 WL 5514368, 2012 Fla. LEXIS 2357
...s criminal activity originated at Shandelle’s home in Miami-Dade County, it then progressed to Palm Beach County, where Braddy choked Shandelle and left her in the woods, and finally to Alligator Alley in Broward County, where Quatisha was killed. Section 910.05, Florida Statutes (1997), provides that “[i]f the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred.” For the death of Quatisha, Braddy was charged in the alternative with felony murder....
...The charge against Braddy for attempted murder with respect to Shandelle was also framed in the alternative as attempted felony murder. The predicate felonies for the felony murder and attempted felony murder charges were based on conduct which commenced in Miami-Dade County. Venue was thus properly laid under section 910.05 with respect to those offenses in Miami-Dade County....
CopyCited 24 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 123
the victim's body *504 being found in Florida, §
910.005(2), Fla. Stat. (1981), was rebutted by testimony
CopyCited 18 times | Published | Supreme Court of Florida | 2006 WL 3313741
"committed wholly or partly within the state." §
910.005(1)(a), Fla. Stat. (2005) (emphasis added); see
CopyCited 15 times | Published | Supreme Court of Florida | 2000 WL 422872
jurisdiction was properly exercised under section
910.005(2), Florida Statutes (1977), which grants Florida
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2002 WL 1085251
furtherance of the conspiracy occurs in the state ... §
910.005(1), Fla. Stat. (1993). An offense is committed
CopyCited 13 times | Published | Supreme Court of Florida
...A state attorney may enter into an agreement with a
defendant who is properly subject to the state attorney’s authority. A defendant is
subject to a state attorney’s authority if any of the acts constituting his offenses
occurred in the circuit which the state attorney serves. See § 910.05, Fla....
...Unlike the cases related to immunity and prosecutorial plea bargaining that
have been considered by Florida courts, venue for this case was proper in both
jurisdictions because acts constituting Johnson’s offenses occurred in both
jurisdictions. See § 910.05, Fla....
...This issue was not
raised at trial and therefore was not preserved for our review. See Stephens v.
State,
787 So. 2d 747, 753 (Fla. 2001). Nevertheless, venue was permissible
anywhere any of the acts occurred if the acts constituting the offense were
committed in two or more counties. §
910.05, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 2625
encompassed repeated acts within the state. See section
910.005(1), Florida Statutes. Furthermore, even if
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1991 WL 65937
...However, the trial court did err in refusing to direct a verdict on four grand theft counts which concerned transactions that occurred solely in Palm Beach County. [2] The state argues that venue was proper in Broward County on these counts, *215 pursuant to section 910.05, Florida Statutes (1983), which provides: If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1991 WL 116
territorial jurisdiction over the crime charged. Section
910.005, Florida Statutes (1987); Lane v. State, 388
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1995 WL 608515
calendar years and to pay a fine of $250,000. Section
910.005(1)(d), Florida Statutes (1987), provides that
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
support of this position, appellee relies upon Section
910.005(1)(b), Florida Statutes (1975). The record
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 31889990
...The Florida Constitution gives a defendant the right to be tried in the county where the crime takes place. See Art. I, § 16, Fla. Const. When the acts constituting the crime are committed in two or more counties, however, the trial may be held in any county where any of the criminal acts occurred. See § 910.05, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 424187
...Stephens,
608 So.2d 905 (Fla. 5th DCA 1992), this court addressed the rule of venue in criminal cases as follows: Florida's Constitution gives a defendant the right to be tried in the county where the crime took place. A wrinkle on the venue rule is provided by section
910.05, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ct in which of those counties he will be tried." Art. I, § 16, Fla. Const.; §
910.03, F.S. 1975. The State, pointing to evidence that the murder party assembled, prepared themselves and picked up their victim in Duval County, claims the benefit of §
910.05, F.S....
...1975, which provides: *1090 "If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred." Were any of the "acts constituting" this murder committed in Duval County? The meaning of §
910.05's critical phrase is illumined by its provisions before 1970, when legislation changed only its "style of expression." [2] We are entitled to the benefit of that illumination in interpreting the present law. State ex rel. Szabo Food Services, Inc. v. Dickinson,
286 So.2d 529, 531 (Fla. 1974); Tampa & J. Ry. Co. v. Catts,
79 Fla. 235, 243,
85 So. 364, 366 (1920). Section
910.05, F.S....
...v. Thorn, 21 Misc.Rep. 130, 47 N.Y.S. 46 (Gen.Sess. N.Y.Co. 1897); Annot., 30 A.L.R.2d 1265, 1285 (1953). The Kansas Supreme Court, in State v. Pyle, 216 Kan. 423, 434-35, 532 P.2d 1309, 1318 (1975), regarded a Kansas statute like Florida's pre-1970 § 910.05 as sufficiently "similar" to California's to be given identical effect....
...committed after arrival at the place ultimately or previously determined." 1 Ohio App.2d at 160, 204 N.E.2d at 74. The Arizona Court of Appeals, in State v. Cox, 25 Ariz. App. 328, 543 P.2d 449 (1976), construed an Arizona venue statute which, like § 910.05, F.S....
...1967); 1 Wharton's Criminal Law and Procedure § 74 (Anderson ed. 1957); Annot., 54 A.L.R.3d 612 (1973). For those reasons, Crittendon's offense was committed, as the indictment charged, in both Duval and St. Johns. Venue was properly laid in Duval. Sec. 910.05, F.S....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...n. OTT, C.J., and SCHOONOVER, J., concur. NOTES [1] If venue is not charged conjunctively, however, the state must prove that the crime was committed in the county named in the charging instrument, Mounier v. State,
178 So.2d 714 (Fla. 1965), unless section
910.05, which provides that if the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred, is applicable to the facts here....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 93535
...ppeal constitutes a case of first impression in Florida regarding the proper interpretation of the new, consolidated burglary statute, section
810.02(1), and whether the expanded definition of burglary therein makes applicable the venue provision of section
910.05. Section
810.02(1) defines burglary as "entering or remaining in ... a conveyance with the intent to commit an offense therein... ." Section
910.05 makes venue proper in either county "[i]f the acts constituting one offense are committed in two or more counties, ..." The evidence at trial established that Stephens and an accomplice broke into Robert Wallace's Pontiac in Daytona Beach....
...versed. Mounier v. State,
178 So.2d 714 (Fla. 1965); McKinnie v. State,
44 Fla. 143,
32 So. 786 (1902); *1079 State v. Katz,
417 So.2d 716 (Fla. 2d DCA 1982), rev. denied,
429 So.2d 6 (Fla. 1983). An exception to the strict venue rule is provided by section
910.05 for crimes where the acts constituting one offense are committed in two or more counties....
...ved at trial is a crime under the burglary statute and that crime was committed in Seminole County (even though Stephen's initial entry in Volusia County was unlawful), I would sustain the jury's verdict and find venue was proper in Seminole County. Section 910.05, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 64134
376 So.2d 76 (Fla. 1979). Florida Statutes Section
910.005(1)(c) provides for jurisdiction in Florida
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 2609458
...We find Kitchen's arguments unpersuasive and affirm the trial court's holding, but write to address his contentions. "If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred." § 910.05, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 11925, 1995 WL 675187
...The trial court granted the motion to dismiss the information, concluding the crime had been committed in the county where the letters were written and sent. The state correctly contends venue is proper in either the county where the letters were written and mailed or in the county where the letters were received. Section 910.05, Florida Statutes (1991), allows prosecution of a crime in the county where any of the acts constituting the offense took place....
...(emphasis added) When the deposit in the mail is made in one county and the communication is received in another county, the act of “sending” occurs, for venue purposes, in more than one place. Venue is proper in either county because an act constituting a part of the offense occurred in both places. See § 910.05, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 95280
jurisdiction of the State of Florida is set out in section
910.005, Florida Statutes. In general, it provides
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 2120864, 2012 Fla. App. LEXIS 9477
...910.035 or in subsection (2), criminal prosecutions shall be tried in the county where the offense was committed.... ” “If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred.” § 910.05, Fla....
CopyPublished | Florida 4th District Court of Appeal
(2019) (emphasis added). In turn, section
910.005(1), Florida Statutes (2019) states in part:
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1146, 1986 Fla. App. LEXIS 7854
...is misplaced. These respective provisions provide a choice of venue by a defendant in situations where the county in which a crime was committed is not known. Because the indictment in the case at bar lists the counties in which the crime occurred, section 910.05 is instead applicable to the issue of venue. *655 If a single crime occurs in more than one known county, section 910.05 controls, and the case can be tried in any of the counties named at the state’s option....
...2051 ,
85 L.Ed.2d 324 (1985) (where robbery and kidnapping occurred in Wakulla County, and kidnapping continued in Leon County, with the victim there raped and murdered, trial appropriate in either county). We conclude that venue was properly placed in Duval County pursuant to section
910.05, in that the indictment alleged that the acts constituting trafficking in cannabis and criminal conspiracy to traffic in cannabis took place in more than one county....
...urn indictments and presentments irrespective of the county or judicial circuit where the offense is committed or triable. If an indictment is returned, it shall be certified and transferred for trial to the county where the offense was committed. . Section 910.05, Florida Statutes, states: If the acts constituting one offense are committed in two or more counties, the offender may be tried in any county in which any of the acts occurred....
CopyPublished | Florida 2nd District Court of Appeal
se. PER CURIAM. Affirmed. See §
910.005, Fla. Stat. (2003); McDonald v. State, 133 So
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19355
committed wholly or partly within the state. § 910.-005(l)(a), Fla.Stat. (1979); Lane v. State, 388 So
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1396, 1987 Fla. App. LEXIS 8573
and the charges were dismissed. We reverse. Section
910.005(1)(b) provides: (1) A person is subject to
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15962
contention is laid to rest by the provisions of Section
910.005(l)(d), Florida Statutes (1977), which states:
CopyPublished | Florida 6th District Court of Appeal
...§
910.03(1), Fla. Stat.
(1985). But “[i]f the acts constituting one offense are committed in two or more
counties, the offender may be tried in any county in which any of the acts occurred.”
12
§
910.05, Fla....
...Thus, the permissible venues for
prosecuting and trying a crime, which are based on where the crime occurred,
determine which state attorneys have jurisdiction to prosecute the crime. If a crime
occurs in two circuits, then it can be prosecuted and tried by the state attorney of
either circuit. See § 910.05, Fla....
CopyPublished | Florida 6th District Court of Appeal
... §
910.03(1), Fla. Stat.
(1985). But “[i]f the acts constituting one offense are committed in two or more
counties, the offender may be tried in any county in which any of the acts occurred.”
12
§
910.05, Fla....
...Thus, the permissible venues for
prosecuting and trying a crime, which are based on where the crime occurred,
determine which state attorneys have jurisdiction to prosecute the crime. If a crime
occurs in two circuits, then it can be prosecuted and tried by the state attorney of
either circuit. See § 910.05, Fla....