STATE OF FLORIDA, PETITIONER,
v.
JULES BOIVIN, RESPONDENT
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The Florida Supreme Court addressed whether aggravated battery and firearm possession are lesser included offenses of attempted first-degree murder. The Court held that these crimes are not necessarily lesser included offenses under the statutory elements test, but approved reversal of the aggravated battery conviction under a legislative intent analysis while reversing the lower court's reversal of the firearm conviction.
Aggravated battery and possession of a firearm are not necessarily lesser included offenses of attempted first-degree murder under the statutory elements test established in Baker. However, the Court approved reversal of the aggravated battery conviction based on legislative intent against multiple punishments for attempted murder and aggravated battery absent additional injury, while quashing the reversal of the firearm conviction.
[1] A crime is a necessarily lesser included offense of another crime only if all of its statutory elements are contained within the statutory elements of the greater offense…
[2] The statutory elements of charged offenses, not the factual allegations or proof presented at trial, must be compared to determine if one offense is a necessarily lesser…
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Join FLexlaw to unlock all legal intelligence“A comparison of the statutory elements of these crimes reveals that each requires proof of at least one fact which the others do not. Baker. In other words, each can be committed without necessarily committing either or both of the other crimes charged against Boivin.”
Establishes the statutory elements test for determining whether crimes are necessarily lesser included offenses
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Join FLexlaw to unlock all legal intelligenceBoivin was charged with attempted first-degree murder, aggravated battery, and possession of a firearm during commission of a felony. The District Cou…
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McDONALD, Justice.
We have for review yet another case because of conflict over what is and what is not a lesser included offense. We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we quash in part and approve in part Boivin v. State, 436 So. 2d 1074 (Fla. 3d DCA 1983).
In this case the district court relied on Bell v. State, 437 So. 2d 1057 (Fla.1983), and reversed Boivin’s convictions of and sentences for aggravated battery and possession of a firearm during commission of a felony, finding these two crimes to be lesser included offenses of attempted murder. We recently revisited the subject of lesser included offenses in State v. Baker, 456 So. 2d 419 (Fla.1984), and restricted Bell to necessarily lesser included offenses. Applying Baker to the instant case, we find that the district court reached both a wrong result and a correct result.
The state charged Boivin with attempted first-degree murder (sections 777.04 and 782.04, Florida Statutes (1979)), aggravated battery (section 784.045, Florida Statutes (1979)), and possession of a firearm in commission of a felony (section 790.07, Florida Statutes (1979)). A comparison of the statutory elements of these crimes reveals that each requires proof of at least one fact which the others do not. Baker. In other words, each can be committed without necessarily committing either or both of the other crimes charged against Boivin. These crimes are, therefore, not necessarily lesser included offenses of attempted first-degree murder. See Baker; Scott v. State, 453 So. 2d 798 (Fla.1984); State v. Baker, 452 So. 2d 927 (Fla.1984); State v. Gibson, 452 So. 2d 553 (Fla.1984).
Not having the benefit of Baker, the district court erroneously analyzed the allegations and proof surrounding this incident rather than the statutory elements of the crimes charged against Boivin. Aggravated battery and possession of a firearm are not necessarily lesser included offenses of attempted first-degree murder. We find, however, no legislative intent or recognition that society needs multiple punishments for both aggravated battery and attempted first-degree murder where both the attempted murder and the aggravated battery caused no additional injury to another person or property. Mills v. State, 476 So. 2d 172 (Fla.1985). We therefore approve the district court’s reversal of Boivin’s conviction of and sentence for aggravated battery. We quash the reversal of his conviction of and sentence for possession of a firearm, however, and remand for affirmance of that conviction and sentence.
It is so ordered.
BOYD, C.J., and EHRLICH and SHAW, JJ., concur. ADKINS, OVERTON and BARKETT, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)…ses, applying a “strict” Blockburger analysis, e.g., State v. Rodriguez, 500 So. 2d 120 (Fla.1986); State v. Baker, 456 So. 2d 419 (Fla.1984), and in other cases, using what at first blush may appear to be a broader approach, e.g., State v. Boivin, 487 So. 2d 1037 (Fla.1986), Mills v. State, 476 So. 2d 172 (Fla.1986), cert, denied, 475 U.S. 1031, 106 S.Ct. 1241, 89 L.Ed.2d 349 (1986). See Barton v. State, 507 So. 2d 638 (Fla. 5th DCA 1987) (en banc) (expressing confusion over Florida double jeopardy law). We…1 / 2
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State v. Smith, 547 So. 2d 613 (Fla. 1989)…rbitrarily applied a strict Blockbur-ger analysis and others when it arbitrarily did not. Carawan, 515 So. 2d at 163. Compare, e.g., State v. Rodriquez, 500 So. 2d 120 (Fla. 1986), and State v. Baker, 456 So. 2d 419 (Fla.1984), with State v. Boivin, 487 So. 2d 1037 (Fla.1986), and Mills v. State, 476 So. 2d 172 (Fla.1985), cert. denied, 475 U.S. 1031, 106 S.Ct. 1241, 89 L.Ed.2d 349 (1986). This is the chaotic “standard” to which the majority returns today. Yet the meaninglessness of this “standard” is not my…
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Hall v. State, 517 So. 2d 678 (Fla. 1988)…s assumption should apply generally to statutory construction. While the legislature is free to punish the same crime under two or more statutes, it cannot be assumed that it ordinarily intends to do so. Id. at 1196. Similarly, in State v. Boivin, 487 So. 2d 1037 (Fla.1986), we held that a defendant could not be convicted of both aggravated battery and attempted first-degree murder. In Carawan, in an extensive opinion reviewing all the related cases, we concluded that the appellant could not be convicted of…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bell v. State, 437 So. 2d 1057 (Fla. 1983)
- State v. Baker, 456 So. 2d 419 (Fla. 1984)
- Mills v. State, 476 So. 2d 172 (Fla. 1985)
- State v. Baker, 452 So. 2d 927 (Fla. 1984)
- State v. Gibson, 452 So. 2d 553 (Fla. 1984)
- Scott v. State, 453 So. 2d 798 (Fla. 1984)
- Jules Boivin v. State, 436 So. 2d 1074 (Fla. 3d DCA 1983)