STATE OF FLORIDA, PETITIONER,

v.

RIVERS, CHARLES, ETC., RESPONDENT

Citator

Cited By (125 total)

• Faison v. State, 426 So. 2d 963 (Fla. 1983)
  …McDONALD, Justice. This case is before us on cross-petitions to review a decision of a district court, reported at 399 So. 2d 19 (Fla. 3d DCA 1981). Because that decision conflicts with State v. Hegstrom, 401 So. 2d 1343 (Fla.1981), and Harkins v. State, 380 So. 2d 524 (Fla. 5th DCA 1980), we have jurisdiction.1 Faison was convicted of five offenses committed during the course of separate sexual attacks on two women. After discovering that the only employee present…

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• Heiney v. State, 447 So. 2d 210 (Fla. 1984)
  …ry should be reversed on the basis that to convict him of both crimes would violate the double jeopardy clause of the United States Constitution as applied to the states through the fourteenth amendment. Pinder was receded from in State v. Hegstrom, 401 So. 2d 1343 (Fla.1981), in light of the later United States Supreme Court decisions of Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980), and Albernaz v. United States, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981). In Hegstrom,…
• Borges v. State, 415 So. 2d 1265 (Fla. 1982)
  …n the legislature’s power to prescribe multiple punishments,” but rather, “seeks only to prevent courts either from allowing multiple prosecutions or from imposing multiple punishments for a single, legislatively defined offense.” State v. Hegstrom, 401 So. 2d 1343, 1345 (Fla.1981) (footnote omitted). The explicit exclusion of lesser included offenses in section 775.021(4) makes clear that the legislature does not intend separate convictions and punishments for two or more statutorily defined offenses when in…

Authorities Cited

• Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
• Rivers v. State, 392 So. 2d 913 (Fla. 3d DCA 1980)
• LEE v. State, 392 So. 2d 913 (Fla. 1st DCA 1980)