JAMES D. MEADOWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Dual convictions for armed robbery and aggravated assault arising from a single act are impermissible, and the legislature's amendment to the relevant statute should not be applied retroactively.
The defendant was convicted of armed robbery, aggravated assault, false imprisonment, and drug/firearm offenses. He appealed the consolidation of offe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dual Convictions cases and more on FLexlaw
PER CURIAM.
This is a timely appeal from judgments of conviction and sentences of twenty-two years’ imprisonment for armed robbery and five years, concurrent, for aggravated assault and false imprisonment in Circuit Court Case No. 87-337CF, and five years, concurrent, for possession of cocaine, possession of drug paraphernalia, and carrying a concealed firearm in Circuit Court Case No. 86-19123CF. On appeal Meadows contends the trial court erred in consolidating the offenses charged in the two cases and in not vacating the conviction for aggravated assault, since it is a lesser included offense of the crime of armed robbery of which Meadows was convicted.
We find no merit in Meadows’ contention regarding the consolidation because the separate offenses were related in an episodic sense and no prejudice was shown. Furthermore, at worst, it would be harmless error as the evidence of guilt was overwhelming.
This court has recently held, relying on Carawan v. State, 515 So. 2d 161 (Fla.1987), that aggravated assault and armed robbery address the same evil and dual convictions are not permissible where the offenses arise from a single act as occurred in this case. Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988); McKenney v. State, 529 So. 2d 367 (Fla. 1st DCA 1988); Edwards v. State, 529 So. 2d 1213 (Fla. 4th DCA 1988). Although the legislature has amended section 775.021(4), effective July 1, 1988, which will ultimately affect the holding in Carawan, it should not be applied retroactively. Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988).
Accordingly, we affirm the case in all respects except we remand the cause to the trial court with directions to vacate the judgment of conviction and sentence for aggravated assault.
HERSEY, C.J., DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989)…ur common law requires that the court find that multiple punishments are impermissible. Carawan, 515 So. 2d at 168. . See also Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988); Payne v. State, 538 So. 2d 1302 (Fla. 1st DCA 1989); Meadows v. State, 534 So. 2d 1233 (Fla. 4th DCA 1989).…
-
Perez v. State, 566 So. 2d 881 (Fla. 3d DCA 1990)…Being armed is one thing; discharging the firearm is another matter entirely. The latter carries with it a higher degree of culpability than the former, and Carawan properly treats the matter as a separate act. Perez’ reliance on Meadows v. State, 534 So. 2d 1233 (Fla. 4th DCA 1988), Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988), and Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988) is misplaced, for those cases involve single acts, not multiple acts, in the course of committing an armed robbery. Un…
-
Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…DCA 1988); McCray v. State, 531 So. 2d 408 (Fla. 1st DCA 1988); the dissent in Teemer v. State, 531 So. 2d 748 (Fla. 5th DCA 1988); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988); T.J. v. State, 534 So. 2d 811 (Fla. 3d DCA 1988); Meadows v. State, 534 So. 2d 1233 (Fla. 4th DCA 1988); Alvarez v. State, 535 So. 2d 341 (Fla. 2d DCA 1988); Johnson v. State, 535 So. 2d 651 note 3 (Fla. 3d DCA 1988); Roundtree v. State, 536 So. 2d 1141 (Fla. 2d DCA 1988).…
Previewing 3 of 10 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)
- Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988)
- Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988)
- McKENNEY v. State, 529 So. 2d 367 (Fla. 1st DCA 1988)
- Edwards v. State, 529 So. 2d 1213 (Fla. 4th DCA 1988)