Jonathan E. Rivera-Enriquez v. State of Florida

Summary

The Florida Third District Court of Appeal affirmed the judgment in Jonathan E. Rivera-Enriquez’s criminal appeal. The court addressed permissive lesser-included-offense instructions, amendment of a charging information, reliability of out-of-court statements, and abuse-of-discretion review.

Holdings

1. The Third District affirmed the judgment because the record did not establish reversible error or an abuse of discretion in the challenged trial-court rulings.

Questions Presented

1. Whether the trial court abused its discretion in rulings concerning a permissive lesser-included-offense instruction.
2. Whether any midtrial substantive amendment of the information prejudiced the defendant's substantial rights.
3. Whether the trial court abused its discretion in determining that out-of-court statements bore sufficient indicia of reliability.

Disposition

affirmed