# State v. Sturdivant

> Supreme Court of Florida · February 23, 2012 · 37 Fla. L. Weekly Supp. 127

URL: https://www.frixlaw.com/law-library/cases/4876175

## Case

- **Full name:** STATE of Florida v. Robert N. STURDIVANT
- **Court:** Supreme Court of Florida
- **Decided:** February 23, 2012
- **Citations:** 37 Fla. L. Weekly Supp. 127; 94 So. 3d 434; 2012 Fla. LEXIS 407; 2012 WL 572977
- **Precedential status:** Published
- **Opinion:** Dissent by Quince
- **Judges:** Canady, Labarga, Lewis, Pariente, Perry, Polston, Quince
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4876175

## How later opinions describe it (automated extraction)

- holding that, under Florida’s felony-murder statute, "a felony-murder conviction [can be] predicated upon a single act of aggravated child abuse that caused the child’s death”
- holding that when the legislature has explicitly stated that a particular felony is a predicate felony for felony murder, the merger doctrine does not apply
- holding that a felony murder conviction can be based on aggravated child abuse consisting of a single violent act
- stating that stare decisis may yield where an error in legal analysis has occurred

## Opinion text

QUINCE, J.,
dissenting.
I dissent because the single act of aggravated abuse in this case is necessary to prove the felony murder. Thus, the aggravated abuse is a necessarily lesser included offense of the felony murder. This is no different from a case of second-degree murder and manslaughter. Certainly, a defendant could not be convicted of second-degree murder and manslaughter of the same victim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4876175. Public record. Not legal advice.