WILLIE J. WATERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIE J. WATERS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
542 So. 2d 1371
Florida District Court of Appeal, Third District (1989)
Negative Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
We affirm the robbery and grand theft convictions under review upon a holding that these convictions are not based, as urged, on the same underlying act — but, on the contrary, arise out of two separate acts of the defendant Willie J. Waters: (1) obtaining the victim’s watch and money by fear (robbery), and (2) driving off with the victim’s car after the victim abandoned the car and escaped from the defendant’s presence (grand theft). This being so, the rule stated in Carawan v. State, 515 So. 2d 161, 170 (Fla.1987), is inapplicable to the instant case.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boris McKINNEY v. State, 579 So. 2d 80 (Fla. 1991)…le act. The convictions are based upon different acts of the defendant: The conviction for grand theft was for the taking of the automobile, and the conviction for robbery was for the taking of Patella’s watch and wallet. See, e.g., Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989). We likewise reject on the facts of this case McKinney’s claim that he was unlawfully subjected to multiple punishments for the conviction of possession of a firearm during a felony. McKinney also claims error in the penalty phas…
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Cruller v. State, 808 So. 2d 201 (Fla. 2002)…are subsumed by the greater offense. . It is important to note that in Brown v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999), Mason v. State, 665 So. 2d 328 (Fla. 5th DCA 1995), Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995), and Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989), there are insufficient facts recited in the district court opinions to determine whether there was a temporal and geographic separation between the robbery charge and the charge arising from the theft of the motor vehicle (e.g.,…
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Lattimore v. State, 571 So. 2d 99 (Fla. 3d DCA 1990)…he keys to the subject automobile, and thereafter walked outside the house and stole said automobile; accordingly, the trial court correctly denied the defendant’s motion for judgment of acquittal on the grand theft auto charge. See Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989); Joseph v. State, 316 So. 2d 585, 586 (Fla. 4th DCA 1975); see also Carawan v. State, 515 So. 2d 161, 170 n. 8 (Fla.1987) (separate punishments are not prohibited for separate acts). Contra Castleberry v. State, 402 So. 2d 1231 (F…
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- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)