ROBERT EDWARD DAVIS, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
[*326] BASKIN, Judge.
Because we find that the aggravated assault and the subsequent murder of a witness to the aggravated assault were offenses related in sequence by a causal connection, we find no error in the trial court’s denial of defendant’s motion to sever. Paul v. State, 385 So. 2d 1371 (Fla.1980); Parker v. State, 421 So. 2d 712 (Fla. 3d DCA 1982); see Clark v. State, 379 So. 2d 97 (Fla.1979). Compare Finlay v. State, 424 So. 2d 967 (Fla. 3d DCA 1983) (finding that burglary and theft of car eight days prior to defendant’s commission of traffic infraction with stolen car, which led to aggravated assault with gun used in robbery, were causally unconnected to later offenses).
Affirmed.
We affirmed the conviction as indicated in our opinion dated May 17, 1983, but we remand the cause to enable the trial court to correct the sentences to reflect a retention of jurisdiction in accordance with the order of the court entered May 26,1982, and with applicable law.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 439 So. 2d 1014 (Fla. 1st DCA 1983)…nd in Green v. State, 408 So. 2d 1086 (Fla. 4th DCA 1982), involving defendant’s convictions for murder of a man and for an assault on a woman in the same hotel parking lot and within a few seconds of the time of the murder. See also Davis v. State, 431 So. 2d 325 (Fla. 3d DCA 1983). The offenses charged in the case before us apparently occurred on different days and involved different victims, none of whom were witnesses to any of the other offenses. We conclude that they are not related in the Paul sense.3…
Authorities Cited
- Clark v. State, 379 So. 2d 97 (Fla. 1979)
- Robles DEL MAR, Inc. v. Town OF Indian River Shores, 385 So. 2d 1371 (Fla. 1980)
- Paul v. State, 385 So. 2d 1371 (Fla. 1980)
- Finlay v. State, 424 So. 2d 967 (Fla. 3d DCA 1983)
- Parker v. State, 421 So. 2d 712 (Fla. 3d DCA 1982)