ALVIN MARTIN FEW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the defendant's motion to sever trials and that no double jeopardy violation occurred.
Defendant was convicted of multiple offenses including armed burglary, kidnapping, robbery, sexual battery, and aggravated assault. He appealed, raisi…
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LEHAN, Judge.
Defendant appeals his convictions for two counts of armed burglary, three counts of armed kidnapping, two counts of armed robbery, two counts of sexual battery, and one count of aggravated assault. We affirm.
We.do not agree with defendant’s first contention that the trial court erred in denying defendant’s motion to sever the trials of different offenses. See Livingston v. State, No. 68,323 (Fla. Mar. 10,1988) [13 FLW 187].
We do not agree with defendant’s second contention that a double jeopardy violation occurred from defendant having been convicted and sentenced for two armed robberies of the same victim during one automobile journey. The robberies, while committed, in a sense, during one “transac tion,” were two discrete acts which involved different money at different locations from different banks. See Andrews v. State, 533 So. 2d 841, 851 (Fla. 5th DCA 1988) (double jeopardy does not prohibit multiple convictions for “discrete acts committed during one transaction.”).
We find no merit in defendant’s third contention.
AFFIRMED.
RYDER, A.C.J., and DANAHY, J., concur.
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Winfred Avant v. State, 538 So. 2d 99 (Fla. 3d DCA 1989)…that is, entering another’s premises with the intent to commit the offense of robbery, and the robbery itself. Taylor v. State, 138 Fla. 762, 190 So. 262 (1939); Johnson v. State, 535 So. 2d 651 (Fla. 3d DCA 1988), and cases cited; see Few v. State, 533 So. 2d 914 (Fla. 2d DCA 1988). AFFIRMED. . The prosecutor stated: Have you heard any evidence in this case, is there any evidence in this record that this guy bought a credit card from anybody? Did you hear anything from that witness stand, any word— ** M…
Authorities Cited
- Andrews v. State, 533 So. 2d 841 (Fla. 5th DCA 1988)