JOHN LEON MCPHEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN LEON MCPHEE, APPELLANT,
STATE OF FLORIDA, APPELLEE
537 So. 2d 698
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant was convicted of burglary of a dwelling with aggravated battery (Count I) and aggravated battery (Count II). We reverse and remand with directions to vacate appellant’s aggravated battery convic tion (Count II). See Previlion v. State, 500 So. 2d 716 (Fla. 4th DCA 1987).
HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989)…ing cases. Spradley v. State, 537 So. 2d 1058 (Fla. 1st DCA 1989), holds that convictions of both burglary with a battery and a simple battery as to a single factual event violate the constitutional double jeopardy clause. See also, McPhee v. State, 537 So. 2d 698 (Fla. 4th DCA 1989). The offense carrying the greater potential punishment, being the burglary with a battery, is affirmed. See State v. Barton, 523 So. 2d 152 (Fla.1988). The conviction for battery is reversed. This case is remanded with direction…
-
Porter v. State, 555 So. 2d 953 (Fla. 2d DCA 1990)…. That count alleged that Mr. Porter choked his victim with a belt. Under the law applicable at the time of the offense, Mr. Porter could be convicted of only one of these two offenses because each offense arose out of the same act. McPhee v. State, 537 So. 2d 698 (Fla. 4th DCA 1989). Accordingly, we reverse Mr. Porter’s conviction and concurrent fifteen-year sentence under count XIII and remand with directions to the trial court to vacate that conviction and sentence. This reversal does not require resente…
Authorities Cited
- Roges Previlon v. State, 500 So. 2d 716 (Fla. 4th DCA 1987)