Warren Travis Golden v. State of Florida

2025-1272Fladistctapp4

Gesamter Gesetzestext

D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA
FOURTH DISTRICT
WARREN TRAVIS GOLDEN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2025-1272
[October 14, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach 	County; 	Sarah 	Willis, 	Judge; 	L.T. 	Case 	No.
502018CF003235AXXXMB.
Hani Demetrious of the Law Office of Robert David Malove, P.A., Fort
Lauderdale, for appellant.
James 	Uthmeier, 	Attorney 	General, 	Tallahassee, 	and 	Kimberly 	T.
Acuña, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM .
Affirmed. See Turner v. State, 301 So. 3d 1017, 1019–20 (Fla. 1st DCA
2019) (holding that second-degree murder and attempted second-degree
murder verdicts were factually, but not legally, inconsistent with a finding
of no actual firearm possession, although the only evidence supporting
guilt 	was 	the 	defendant’s 	possession 	and 	discharge 	of 	a 	firearm;
inconsistent jury verdicts are permitted in Florida “because jury verdicts
can be the result of lenity and therefore do not always speak to the guilt
or innocence of the defendant”); State v. Carswell, 914 So. 2d 9, 11–12
(Fla. 4th DCA 2005) (holding that a negative firearm finding did not negate
the elements of aggravated battery based on great bodily harm and could
reflect a lawful jury pardon); cf. Bott v. State, 307 So. 3d 26, 29–30 (Fla.
4th 	DCA 	2020) 	(reversing 	aggravated 	assault 	and 	aggravated 	battery
convictions where negative firearm findings negated the required deadly-
weapon 	element 	because 	the 	charging 	document, 	evidence, 	and
instructions proceeded solely on a firearm theory).
FORST , S HEPHERD and SHAW , JJ., concur.
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Not final until disposition of timely-filed motion for rehearing.

1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.

OCR transcription for search; preserved printed pages are authoritative

# DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

## WARREN TRAVIS GOLDEN, Appellant,

V.

STATE OF FLORIDA,
Appellee.

No. 4D2025-1272
[October 14, 2026]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Sarah Willis, Judge; L.T. Case No.
502018CF003235AXXXMB.

Hani Demetrious of the Law Office of Robert David Malove, P.A., Fort
Lauderdale, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Kimberly T.
Acuña, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Turner v. State, 301 So. 3d 1017, 1019-20 (Fla. 1st DCA
2019) (holding that second-degree murder and attempted second-degree
murder verdicts were factually, but not legally, inconsistent with a finding
of no actual firearm possession, although the only evidence supporting
guilt was the defendant's possession and discharge of a firearm;
inconsistent jury verdicts are permitted in Florida "because jury verdicts
can be the result of lenity and therefore do not always speak to the guilt
or innocence of the defendant"); State v. Carswell, 914 So. 2d 9, 11-12
(Fla. 4th DCA 2005) (holding that a negative firearm finding did not negate
the elements of aggravated battery based on great bodily harm and could
reflect a lawful jury pardon); cf. Bott v. State, 307 So. 3d 26, 29-30 (Fla.
4th DCA 2020) (reversing aggravated assault and aggravated battery
convictions where negative firearm findings negated the required deadly-
weapon element because the charging document, evidence, and
instructions proceeded solely on a firearm theory).

FORST, SHEPHERD and SHAW, JJ., concur.

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Not final until disposition of timely-filed motion for rehearing.
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