STATE OF FLORIDA, PETITIONER,
v.
ERIC JENSEN, RESPONDENT
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Double jeopardy claims based on Carawan cannot be retroactively applied on a postconviction motion.
Eric Jensen was convicted of cocaine trafficking and possession. He sought postconviction relief, arguing double jeopardy based on a subsequent ruling…
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McDONALD, Justice.
We have for review Jensen v. State, 538 So. 2d 540 (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 Jensen.
Eric Jensen entered a plea of nolo con-tendere and the trial court adjudicated him guilty of several charges, including trafficking in and possession of cocaine. The district court per curiam affirmed the judgments of conviction and sentences imposed by the trial court. Jensen v. State, 522 So. 2d 393 (Fla. 2d DCA 1987). In a motion for postconviction relief, Jensen argued that his convictions for both trafficking in and possession of cocaine constituted a double jeopardy violation because both stemmed from a single criminal act and required the same proof, relying on Carawan v. State, 515 So. 2d 161 (Fla.1987), which had not been decided at the time of his direct appeal. 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 post-conviction 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 Jensen, 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
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de Leon v. State, 559 So. 2d 1254 (Fla. 3d DCA 1990)…e must be reversed, we do not agree. The Florida Supreme Court has expressly ruled that double jeopardy claims based on Carawan do not apply retroactively to post-conviction relief motions. State v. Glenn, 558 So. 2d 4 (Fla.1990); State v. Jensen, 557 So. 2d 23 (Fla.1990); State v. Pastor, 556 So. 2d 1112 (Fla.1990). Accordingly, appellant is not entitled to relief on his double jeopardy claim. Having concluded the other points raised by appellant to be facially insufficient to support the relief sought,…
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Sparkman v. State, 862 So. 2d 866 (Fla. 5th DCA 2003)…PER CURIAM. AFFIRMED. See State v. Glenn, 558 So. 2d 4 (Fla.1990) (holding modification in law of double jeopardy does not apply retroactively); State v. Jensen, 557 So. 2d 23 (Fla.1990) (stating decision finding convictions for trafficking and possession of same cocaine violate double jeopardy doesn’t apply retroactively). GRIFFIN, THOMPSON and PLEUS, JJ., concur.…
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)
- Jensen v. State, 538 So. 2d 540 (Fla. 2d DCA 1989)