STATE OF FLORIDA, PETITIONER,
v.
JAMES MICHAEL ETLINGER, RESPONDENT
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.
The court held that double jeopardy claims based on Carawan cannot be retroactively applied on a motion for postconviction relief under rule 3.850.
Etlinger was convicted of multiple offenses and sought postconviction relief, arguing double jeopardy based on Carawan. The district court reversed th…
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 Retroactive Application Of Statutes cases and more on FLexlaw
McDONALD, Justice.
We have for review Etlinger v. State, 538 So. 2d 1354 (Fla. 2d DCA 1989), based on express and direct conflict with Harris v. State, 520 So. 2d 639 (Fla. 1st DCA), review denied, 536 So. 2d 244 (Fla.1988). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash Etlinger. A trial court adjudicated James Michael Etlinger guilty and sentenced him for armed robbery, burglary, aggravated assault, and grand theft. Etlinger did not appeal the convictions and sentences. In a motion for postconviction relief, Etlinger argued that his convictions and sentences for aggravated assault and grand theft constituted a double jeopardy violation because they both stemmed from a single criminal act and required the same proof, relying on Carawan v. State, 515 So. 2d 161 (Fla.1987). The district court reversed the trial court’s denial of the motion. The question thus presented to this Court concerns whether Carawan may be retroactively applied on a motion for postconviction relief under rule 3.850, Florida Rules of Criminal Procedure.
In State v. Glenn, 558 So. 2d 4 (Fla.1990), we held that double jeopardy claims based on Carawan could not be applied retroactively on a postconviction motion. Therefore, we quash the district court’s decision in Etlinger, order the district court to reinstate the trial court’s denial of the motion for postconviction relief, and approve Harris.
It is so ordered. EHRLICH, C.J., and OVERTON, SHAW, GRIMES and KOGAN, JJ„ concur. BARKETT, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. Dugger, 827 F. Supp. 1568 (S.D. Fla. 1993)…15 So.2d 161 (Fla.1987), which temporarily modified double jeopardy analysis until superseded by the statutory amendment to Fla.Stat. ch. 775.-021(4) (1988), is similarly inapplicable as Cara- wan is non-retroactive. Florida v. Etlinger, 556 So.2d 1118 (Fla.1990); State v. Glenn, 558 So.2d 4 (Fla.1990). Therefore, this Court will evaluate Petitioner’s claim according to the controlling pre-Carawan law. See Collins v. Florida, 577 So.2d 986 (Fla. 4th DCA 1991).…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Glenn, 558 So. 2d 4 (Fla. 1990)
- Harris v. State, 520 So. 2d 639 (Fla. 1st DCA 1988)
- Etlinger v. State, 538 So. 2d 1354 (Fla. 2d DCA 1989)