CURTIS E. BROOMFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant cannot be convicted and sentenced for both armed robbery and the lesser included offense of grand theft.
The defendant was convicted of armed robbery and grand theft. The prosecutor made an allegedly improper argument to the jury.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Grand Theft cases and more on FLexlaw
PER CURIAM.
On rehearing, the following opinion is substituted for the opinion issued on March 9, 1983.
The defendant was ..charged by information with the offenses of armed robbery and grand theft. He was tried, convicted and sentenced on both counts.
On appeal, the defendant maintains that the prosecutor made an improper argument to the jury that the release of the defendant would foster similar criminal ac tivity. Whether the comment constitutes harmful error must be determined by consideration of its effect when viewed in context with other circumstances appearing in the record. Darden v. State, 329 So. 2d 287 (Fla.1976), cert. denied, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977); McMillian v. State, 409 So. 2d 197 (Fla. 3d DCA 1982). Although our review of the record discloses no support for the prosecutor’s comment, the error is harmless in view of the overwhelming evidence of guilt in this case.
The defendant next contends that he cannot be convicted and sentenced for armed robbery and also convicted and sentenced for grand theft. We agree. The offense of grand theft is a lesser offense included in the offense of armed robbery. See Brown v. State, 206 So. 2d 377 (Fla. 1968); James v. State, 399 So. 2d 424 (Fla. 5th DCA 1981). In light of Bell v. State, Fla., 437 So. 2d 1057 (1983), we reverse both the conviction and sentence for grand theft.
This cause is remanded to the trial court with instructions to vacate the conviction and the sentence for grand theft.
LETTS, C.J., BERANEK and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williard v. State, 462 So. 2d 102 (Fla. 2d DCA 1985)…we are satisfied beyond a reasonable doubt that the evidence adduced against Williard was so overwhelming that the statements of the prosecutor were harmless error. See Carr v. State, 430 So. 2d 978 (Fla. 3d DCA 1983). See also Broomfield v. State, 436 So. 2d 435 (Fla. 4th DCA 1983); Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982); Zamot v. State, 375 So. 2d 881 (Fla. 3d DCA 1979). [*104] Williard also argues that the court below erred by sentencing him in excess of the guidelines under which he elected…
-
Young v. State, 454 So. 2d 586 (Fla. 4th DCA 1984)…ered for all convictions but that of grand theft. The defendant argues that his conviction for grand theft cannot stand because it is the lesser included offense of armed robbery. We agree and reverse the grand theft conviction. Broomfield v. State, 436 So. 2d 435 (Fla. 4th DCA 1983); Bell v. State, 437 So. 2d 1057 (Fla.1983). The defendant also argues that his conviction and sentencing for aggravated battery cannot stand because it too is a lesser included offense of the armed robbery conviction. We do not…
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- Bell v. State, 437 So. 2d 1057 (Fla. 1983)
- Darden v. Florida, 430 U.S. 704 (U.S. 1977)
- Darden v. State, 329 So. 2d 287 (Fla. 1976)
- Vorchheimer v. Sch. Dist. of Philadelphia, 430 U.S. 703 (U.S. 1977)
- McMILLIAN v. State, 409 So. 2d 197 (Fla. 3d DCA 1982)
- Alton T. Alexander v. State, 399 So. 2d 424 (Fla. 5th DCA 1981)