Haynes v. State
Haynes v. State
Opinion of the Court
AFFIRMED. See Wright v. State, 857 So.2d 861, 874 (Fla. 2003) (“Habeas corpus should not be used as a vehicle for presenting issues which should have been raised at trial and on appeal or in postcon-viction proceedings.”); see also McCloud v. State, 335 So.2d 257, 259 (Fla. 1976) (holding that where defendant charged with felony murder — with robbery as the underlying felony — was found guilty of the lesser included offense of manslaughter, but also separately found guilty of robbery, “that fact does not lead to a conclusion that the robbery sentence must be vacated ... [because] the jury simply may have found the felony-murder rule too harsh in this situation [and exercised its jury pardon power].”) Gonzalez v. State, 449 So.2d 882, 887-89 (Fla. 3d DCA 1984) (same); also cf. Dross v. State, 915 So.2d 203 (Fla. 5th DCA 2005) (citing McCloud and holding that a verdict of acquittal on a charge of felony murder, with aggravated child abuse as the underlying felony, was not truly inconsistent with the jury’s conviction on the separate count charging aggravated child abuse).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.