PETER HARGITAY, APPELLANT,

v.

DR. RALPH L. PIPES, APPELLEE

Citator

Cited By

• Baker v. State, 425 So. 2d 36 (Fla. 5th DCA 1982)
  …his wife with the same firearm (use of a firearm in the commission of a felony). Our sister courts have held, without much discussion, that double jeopardy applies in this context. Moore v. State, 414 So. 2d 261 (Fla. 1st DCA 1982); Burke v. State, 415 So. 2d 753 (Fla. 3d DCA 1982); Pierre v. State, 414 So. 2d 30 (Fla. 3d DCA 1982). Blockburger and Borges speak in terms of elements of crimes in determining distinctness for purposes of double jeopardy.3 They do not reach the question posed in this case. Ho…
• Torrence v. State, 440 So. 2d 392 (Fla. 5th DCA 1983)
  …e acts, Torrence could not be convicted and sentenced for both. See Borges v. State, 415 So. 2d 1265 (Fla.1982); see also Bell v. State, 437 So. 2d 1057 (Fla.1983); State v. Gibson, Case No. 61,375 (Fla. February 10,1983) [8 FLW 76]; Burke v. State, 415 So. 2d 753 (Fla. 3d DCA 1982); Moore v. State, 414 So. 2d 261 (Fla. 1st DCA 1982); Pierre v. State, 414 So. 2d 30 (Fla. 3d DCA 1982). He should be convicted and sentenced for the greater offense (Count III) in this case. [*396] I would affirm Torrence’s convic…
• O'Brien v. State, 454 So. 2d 675 (Fla. 5th DCA 1984)
  …be convicted of both the firearm offense (§ 790.07(2), Fla.Stat.) and the underlying felony but could be sentenced for but one offense (this is, in effect, also the holding in Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982), and Burke v. State, 415 So. 2d 753 (Fla. 3d DCA 1982)). The dissent in Baker agreed that Baker could be constitutionally convicted of both offenses but argued Baker could also be sentenced for both offenses under the legislative intent embodied in section 775.021(4), Florida Statutes…

Authorities Cited

• Fla. Glass & Mirror Co. OF Orlando, Inc. v. Econ. King Equip. Co., 353 So. 2d 596 (Fla. 4th DCA 1977)
• Quiring v. Plackard, 412 So. 2d 415 (Fla. 3d DCA 1982)