ALPHONSA TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed dual convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling, holding that the convictions did not violate double jeopardy because they arose from separate criminal offenses under amended Florida Statutes § 775.021(4)(a).
Dual convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling do not violate double jeopardy principles when the offenses are separate criminal acts committed in a single transaction.
[1] Dual convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling do not constitute impermissible multiple punishment for a single…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Whoever in the course of one criminal transaction or episode commits an act or acts which constitute one or more separate criminal offenses upon conviction and adjudication of guilt shall be sentenced separately for each criminal offense.”
Section 775.021(4)(a), Florida Statutes, as amended, permitting separate sentencing for multiple offenses in a single transaction.
Appellant Taylor was convicted of attempted second-degree murder with a firearm and shooting into an occupied dwelling. The offenses arose from a sing…
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PER CURIAM.
This cause is before us on appeal of appellant’s convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling. Although appellant contends that the dual convictions stemmed from a single act and therefore violated double jeopardy principles under Carawan v. State, 515 So. 2d 161 (Fla.1987), we affirm. In Curry v. State, 539 So. 2d 573 (Fla. 5th DCA 1989), the Fifth District upheld dual convictions for second-degree murder and shooting or throwing a deadly missile into a building. Although the Fifth District vacated a third conviction for use of a firearm in the commission of a felony, finding that the additional conviction was an unauthorized multiple punishment for acts already punished through the other two convictions and sentences, the court did not vacate the shooting or throwing a deadly missile into a building offense.
Additionally, we find this case distinguishable from Torres v. State, 527 So. 2d 272 (Fla. 3d DCA 1988), review denied, 536 So. 2d 246 (Fla.1988), because the instant offense took place after the Legislature amended Section 775.021(4)(a), Florida Statutes, to provide that “[w]hoever in the course of one criminal transaction or episode commits an act or acts which constitute one or more separate criminal offenses upon conviction and adjudication of guilt shall be sentenced separately for each criminal offense.” Because the retroactivity concerns expressed in Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988), are not at issue sub judice, we affirm.
ERVIN, BOOTH and WENTWORTH, JJ., concur.
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Citator
Cited By
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Price v. State, 577 So. 2d 682 (Fla. 1st DCA 1991)…PER CURIAM. Appellant’s convictions for aggravated assault and shooting into an occupied vehicle are affirmed. See § 775.021(4), Fla. Stat. (Supp.1988); Taylor v. State, 543 So. 2d 366 (Fla. 1st DCA 1989); and McClain v. State, 383 So. 2d 1146 (Fla. 4th DCA 1980). However, the trial court erred in sentencing appellant as an habitual felony offender because his predicate felony convictions arose from the same incident and were ente…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988)
- Curry v. State, 539 So. 2d 573 (Fla. 5th DCA 1989)
- Roque J. Torres v. State, 527 So. 2d 272 (Fla. 3d DCA 1988)