STATE OF FLORIDA, PETITIONER, CROSS-RESPONDENT,
v.
WILLIAM FOREMAN, RESPONDENT, CROSS-PETITIONER
STATE OF FLORIDA, PETITIONER, CROSS-RESPONDENT,
WILLIAM FOREMAN, RESPONDENT, CROSS-PETITIONER
476 So. 2d 662
Florida Supreme Court (1985)
Caution
Cited by 12 cases
Opinion of the Court
EHRLICH, Justice.
We took jurisdiction in this case to answer a question certified to be of great public importance in Foreman v. State, 458 So. 2d 1213 (Fla. 2d DCA 1984). Art. V, § 3(b)(5), Fla. Const. The question certified is:
MAY A DEFENDANT BE CONVICTED AND SENTENCED FOR BOTH SEXUAL BATTERY AND FIRST DEGREE BURGLARY PUNISHABLE BY LIFE (WHICH IS ENHANCED FROM BURGLARY TO FIRST DEGREE BURGLARY PUNISHABLE BY LIFE BY REASON OF THE COMMISSION OF ASSAULT • OR BATTERY IN THE COURSE OF THE BURGLARY) WHEN THE SEXUAL BATTERY IS THE SAME CONDUCT ON THE BASIS OF WHICH THE BURGLARY CHARGE IS SO ENHANCED?
On the authority of Wicker v. State, 462 So. 2d 461 (Fla.1985), we answer the question in the affirmative and quash the decision of the district court. We remand for further proceedings in accord with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD and SHAW, JJ., concur. OVERTON, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
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Morales v. State, 842 So. 2d 909 (Fla. 3d DCA 2003)…(use of the term “punishable by term of years not exceeding life imprisonment,” is synonymous with “punishable by life imprisonment”). Morales’ argument that his sexual battery conviction should be set aside also lacks merit. See State v. Foreman, 476 So. 2d 662 (Fla.1985). Affirmed..…
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Nelams v. State, 597 So. 2d 967 (Fla. 5th DCA 1992)…PER CURIAM. AFFIRMED. See State v. Foreman, 476 So. 2d 662 (Fla.1985); Wicker v. State, 462 So. 2d 461 (Fla.1985). GOSHORN, C.J., and COBB, J., concur. COWART, J., dissents with opinion.…
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Foreman v. State, 498 So. 2d 601 (Fla. 2d DCA 1986)…FRANK, Judge. The appellant, William Edward Foreman, was before us in Foreman v. State, 458. [*602] So. 2d 1213 (Fla.2d DCA 1984), and is here again following remand from the supreme court in State v. Foreman, 476 So. 2d 662 (Fla.1985). He has been properly convicted for burglary and a sexual battery which occurred during the burglary. The present matter involves the sentences imposed upon him. Foreman’s crimes were committed prior to October 1, 1983. He affirmatively…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wicker v. State, 462 So. 2d 461 (Fla. 1985)
- Foreman v. State, 458 So. 2d 1213 (Fla. 2d DCA 1984)