JACOB WILLIAM FINFROCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jacob Finfrock was consolidated for trial on twelve offenses (six burglaries and six related grand thefts) across three separate informations. The Florida appellate court reversed his convictions, holding that the multiple burglary-theft pairs were not 'related offenses' under the rules of criminal procedure and should have been tried separately to protect his constitutional right to a fair trial.
The multiple burglaries and thefts were not 'related offenses' under the rules merely because they occurred in the same apartment complex or because stolen property was found together. Each paired burglary and theft is related to itself, but separate burglary-theft pairs are not related to each other within the meaning of the consolidation rules. The convictions are reversed and the cause remanded for separate trials.
[1] Offenses are not "related offenses" for purposes of consolidation under Florida Rules of Criminal Procedure 3.151 and 3.152 merely because they occurred in the same gener…
[2] A theft occurring during a burglary is a "related offense" to that burglary.
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Join FLexlaw to unlock all legal intelligence“When a theft occurs during a burglary, the two offenses are, of course, related. However, one paired and related burglary and theft is not "based on the same act or transaction or on two or more connected acts or transactions" and therefore are not "related offenses" as to any other paired and related burglary and theft”
Establishes the core legal principle that separate burglary-theft pairs are not related to each other merely because each internal pair is related
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Join FLexlaw to unlock all legal intelligenceFinfrock was charged with six burglaries and six grand thefts occurring in three separate informations. Each burglary-theft pair occurred on a differe…
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COWART, Judge.
This case involves the consolidation and severance for trial of “related offenses” under Florida Rules of Criminal Procedure 3.151 and 3.152.
The defendant was charged in a four count information (85-5591) with two counts of burglary and two counts of grand theft occurring in the two burglaries; in a two count information (85-5619) with one count of burglary and a count of grand theft occurring in that burglary; and in a six count information (85-5738) with three counts of burglary and three counts of grand theft occurring in the three burglaries. Pursuant to Florida Rule of Criminal Procedure 3.151, the state moved to consolidate the trial of all six burglaries and six grand thefts alleged in the three informations and, pursuant to Florida Rule of Criminal Procedure 3.152(a), the defendant moved to sever trial of the twelve offenses into six trials each relating to one burglary and its related grand theft. The trial court consolidated the trial of all offenses charged except two not involved in this appeal. After trial and conviction of four counts of burglary and the related four counts of grand theft, the defendant appeals.
Each paired and charged burglary and theft occurred on a different day and related to different premises, property, and owners. When a theft occurs during a burglary, the two offenses are, of course, related. However, one paired and related burglary and theft is not “based on the same act or transaction or on two or more connected acts or transactions” and therefore are not “related offenses” as to any other paired and related burglary and theft within the meaning of that term in Florida Rules of Criminal Procedure 3.151 and 3.152 merely because the burglaries occurred in the same apartment complex or because property stolen in the different burglaries was found in the defendant’s possession on some subsequent date at the same time and place. The defendant’s constitutional right to a fair trial and the likelihood of undue prejudice to a defendant resulting from the consolidation of multiple unrelated offenses, which is the reason for the rules relating to the consolidation and the severance of the trial of criminal offenses, override all considerations in favor of such consolidations.
The trial court did not err in denying the defendant’s motion to suppress the admission into evidence of certain stolen property because there remained sufficient allegations to demonstrate probable cause after certain invalid allegations were excised from the affidavit upon which a search warrant was based. See Neary v. State, 384 So. 2d 881 (Fla.1980).
The defendant’s convictions are reversed and the cause remanded for separate trials as to each paired and related burglary and theft.
REVERSED and REMANDED.
UPCHURCH, C.J., and SHARP, J., concur.
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Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)…pattern of increasing or escalating seriousness of crimes committed. From there, the case proceeded back to this court for appellate review. Both the sentences and the convictions were affirmed without opinion in June of 1987. See Sanders v. State, 507 So. 2d 1230 (Fla. 5th DCA 1987). Judge Cobb dissented with the opinion on the sole ground that in his view, it was unnecessary and unfair to try Sanders in shackles, particularly when he was acting as co-defense counsel. No collateral attack on this judgment w…
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Wallis v. State, 548 So. 2d 808 (Fla. 5th DCA 1989)…l charges relating to separate factual events. See Paul v. State, 385 So. 2d 1371 (Fla.1980), adopting the dissent in Paul v. State, 365 So. 2d 1063, 1065 (Fla. 1st DCA 1979); State v. Williams, 453 So. 2d 824 (Fla.1984). See also Finfrock v. State, 507 So. 2d 1230 (Fla. 5th DCA 1987); Warren v. State, 475 So. 2d 1027 (Fla. 1st DCA 1985); and Bundy v. State, 455 So. 2d 330 (Fla.1984). The informations in cases 87-375 and 87-376 charge a sexual battery on the particular child named by the defendant causing his…
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Shupe v. State, 517 So. 2d 780 (Fla. 5th DCA 1988)…improperly charged because they are not “related,” a defendant has a right to sever them for trial, upon timely motion.3 The issue in this case is whether or not the two purse-snatchings are “related” to permit a joint trial. In Finfrock v. State, 507 So. 2d 1230 (Fla. 5th DCA 1987), we held that consolidation of four burglary and theft offenses for trial was erroneous and violated the defendant’s right to a fair trial. The defendant was charged with breaking and entering various apartments in an apartment c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Neary v. State, 384 So. 2d 881 (Fla. 1980)