SAMMY LEE NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that some convictions violated double jeopardy and were reversed, while others were affirmed, and the departure sentence was upheld.
Appellant was convicted of multiple felonies including armed robbery, aggravated battery, aggravated assault, and firearm offenses. He appealed his co…
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WIGGINTON, Judge.
Appellant appeals his convictions, after jury trial, of five counts of armed robbery, one count of aggravated battery, four counts of aggravated assault, one count of carrying a concealed firearm, and five counts of use of a firearm during the commission of a felony. We affirm in part and reverse in part.
Appellant’s challenge to the trial judge’s denial of his motion to strike the jury panel is without merit. However, the convictions and sentences for the four counts of aggravated assault and five counts of use of a firearm during the commission of a felony violate appellant’s right against double jeopardy due to the armed robbery convictions for the same criminal transactions, and are hereby reversed and vacated. Carawan v. State, 515 So. 2d 161 (Fla.1987); Hall v. State, 517 So. 2d 678 (Fla.1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988); Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988).
The remaining convictions and respective sentences are affirmed. According to our guidelines scoresheet calculations and the representations of both appellant and appellee, subtraction of the points scored for the nine convictions reversed above does not alter appellant’s recommended guidelines sentence of nine to twelve years. The trial judge gave appellant a substantial departure sentence, citing reasons which appellant has challenged. We find that two of those reasons — the escalating pattern of criminal activity and appellant’s unscored juvenile convictions — are clearly valid based on the record. The trial judge stated that any one reason given would support departure and upon a review of the record, we are satisfied that the state has met its burden of proving beyond a reasonable doubt that the sentences imposed would have been the same if only the two reasons approved herein had been cited. See Griffis v. State, 509 So. 2d 1104 (Fla.1987).
AFFIRMED IN PART AND REVERSED IN PART.
JOANOS and BARFIELD, JJ., concur.
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Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…Fla. 5th DCA 1988); Richardson v. State, 523 So. 2d 746 (Fla. 5th DCA 1988); Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988); Hartley v. State, 531 So. 2d 990 (Fla. 1st DCA 1988); Neal v. State, 531 So. 2d 410 (Fla. 1st DCA 1988); Rose v. State, 530 So. 2d 401 (Fla. 1st DCA 1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988); Middleton v. State, 529 So. 2d 357 (Fla. 1st DCA 1988), cause dismissed, 534 So. 2d 401 (Fla.1988); Payne v. State, 528 So.…
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Payne v. State, 538 So. 2d 1302 (Fla. 1st DCA 1989)…pra, where the court held that one may not be convicted of both the offense of armed robbery and the offense of displaying a firearm or carrying a concealed firearm, when both offenses resulted from a single act. 517 So. 2d at 680. In Neal v. State, 531 So. 2d 410 (Fla. 1st DCA 1988), this court reversed and vacated convictions and sentences for four counts of aggravated assault and five counts of use of a firearm during the commission of a felony, since in each instance appellant had been convicted for armed…1 / 2
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…538 So. 2d 68 (Fla. 1st DCA 1989), rehearing denied, 544 So. 2d 266 (Fla. 1st DCA 1989); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988), rev. denied, 541 So. 2d 1173 (Fla.1989); Hartley v. State, 531 So. 2d 990 (Fla. 1st DCA 1988); Neal v. State, 531 So. 2d 410 (Fla. 1st DCA 1988); Rose v. State, 530 So. 2d 401 (Fla. 1st DCA 1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988); Middleton v. State, 529 So. 2d 357 (Fla. 1st DCA 1988), cause dismissed, 534 So. 2d 401 (Fla.1988); Payne v. State, 528 So.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Griffis v. State, 509 So. 2d 1104 (Fla. 1987)
- Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988)
- Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1987)