Vernon Stevens v. State of Florida
226 So. 3d 787
| Fla. | 2017Background
- Vernon Stevens was indicted for first-degree murder, first-degree arson of a dwelling, and robbery with a deadly weapon after he and a co‑defendant beat a victim, left him bound in his trailer, then returned and set the trailer on fire with the victim inside.
- The indictment alleged first-degree arson under section 806.01(1)(a) (dwellings) and the State sought the death penalty on the murder charge; Stevens was convicted and sentenced to life for murder and concurrent terms for arson and robbery.
- At trial Stevens requested a jury instruction on second‑degree arson as a permissive lesser included offense of first‑degree arson; the trial court denied the request because the evidence did not support it.
- The Second District affirmed and held that when the undisputed evidence shows the burned structure was used exclusively as a dwelling, second‑degree arson is inapplicable; the Second District certified conflict with the Fourth District’s decision in Moore.
- The Florida Supreme Court granted review and held that, under the plain language of § 806.01, a second‑degree arson instruction is improper when undisputed evidence establishes the burned structure was exclusively a dwelling and no evidence supported the elements of second‑degree arson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether second‑degree arson is a proper permissive lesser included offense of first‑degree arson where the burned structure was undisputedly a dwelling | Stevens argued he was entitled to a jury instruction on second‑degree arson as a permissive lesser included offense | State argued the undisputed evidence showed the structure was a dwelling, which falls squarely within first‑degree arson and is excluded from second‑degree arson | Court held second‑degree arson is a permissive lesser only when evidence supports its elements; where the structure is undisputedly a dwelling, second‑degree arson instruction is not warranted |
| Whether Moore v. State controls such that a second‑degree instruction is required whenever the statutory definition of "structure" includes a dwelling | Implicitly relied on Moore’s view that a dwelling is a structure and thus supports both degrees | Argued Moore misread § 806.01 by ignoring the exclusion of first‑degree categories from subsection (2) | Court disapproved Moore, holding Moore’s reading renders subsection (2)’s limitation surplusage and improperly makes second‑degree arson generally available |
| Standard for giving permissive lesser included offense instructions | Stevens argued permissive lesser instruction should be given where charged and some evidence supports it | State and court noted rules require some evidence of the lesser offense’s elements and that the indictment must allege those elements | Court applied precedent: both the pleading and some evidence must support the lesser offense; absent any evidence, instruction is improper |
| Whether denial of the second‑degree arson instruction was reversible error here | Stevens argued error in denying the instruction | State argued no evidence supported second‑degree arson because the trailer was undisputedly a dwelling | Court held denial was proper — no evidence supported second‑degree arson; not reversible error |
Key Cases Cited
- Higgins v. State, 565 So. 2d 698 (Fla. 1990) (second‑degree arson is not a necessary lesser included offense of first‑degree arson but may be permissive in limited circumstances)
- Moore v. State, 932 So. 2d 524 (Fla. 4th DCA 2006) (interpreted dwelling as a structure supporting both degrees; disapproved by this Court)
- Sanders v. State, 944 So. 2d 203 (Fla. 2006) (framework for necessary vs. permissive lesser included offenses)
- Williams v. State, 957 So. 2d 595 (Fla. 2007) (standard of review and instruction requirements for lesser included offenses)
- Amado v. State, 585 So. 2d 282 (Fla. 1991) (instruction on permissive lesser included offense precluded only where there is total lack of evidence of the lesser offense)