FLOWERS v. STATE

No. 1D14-0496.

149 So.3d 1206 (2014)

Derek Jamal FLOWERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 6, 2014.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Glenna Joyce Reeves , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Trisha Meggs Pate , Assistant Attorney General, Tallahassee, for Appellee.


CLARK, J.

Beware what you ask for. Here, defense counsel requested a jury instruction on a lesser included charge. Mr. Flowers was then convicted on that lesser included charge, and Mr. Flowers now seeks to be released without the possibility of retrial because the lesser included charge his attorney requested was time-barred. The invited error doctrine precludes such a "heads I win, tails you lose" game.

The State initially charged Mr. Flowers with robbery...

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