Davis v. State
The Third DCA reversed Davis's conviction for custodial interference because the State charged only one count but presented evidence of two distinct incidents (occurring on different dates, separated by an intervening return of custody), and the verdict form did not require the jury to unanimously agree on which incident supported conviction. The court rejected the State's argument that the two incidents constituted a single continuing course of conduct, finding each incident was a separately completed offense.
Key facts
- Davis was charged with one count of custodial interference based on evidence presented at trial of two separate incidents occurring on different dates (March 20 and April 2), with the child being returned to custody between the incidents.
- The trial court used a general verdict form that did not require the jury to unanimously agree on which specific incident supported the conviction.
- +1 more key fact with a free trial
Why it matters
This opinion reinforces and applies the well-established Perley/Shahgodary line of cases holding that presenting multiple distinct criminal incidents under a single count without requiring jury unanimity as to which… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.