STATE OF FLORIDA, PETITIONER,
v.
ROY KENNETH FINNEY, RESPONDENT
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Florida Supreme Court quashed the Third District Court of Appeal's decision affirming postconviction relief vacating a conviction, holding that Carawan and Hall should not be applied retroactively to final convictions involving multiple crimes from a single transaction.
Carawan v. State and Hall v. State, which address improper conviction of multiple crimes from a single transaction, are evolutionary refinements in law and cannot be applied retroactively through postconviction relief motions to defendants whose convictions are final.
[1] Evolutionary refinements in criminal law doctrine regarding multiple convictions from a single transaction are not applied retroactively to final convictions through post…
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Join FLexlaw to unlock all legal intelligenceFinney was convicted of multiple crimes arising from a single transaction. The trial court granted his motion for postconviction relief and vacated on…
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McDonald, justice.
We review State v. Finney, 550 So. 2d 1141 (Fla. 3d DCA 1989), because of certified conflict with Harris v. State, 520 So. 2d 639 (Fla. 1st DCA), review denied, 536 So. 2d 244 (Fla.1988), and Love v. State, 532 So. 2d 1133 (Fla. 4th DCA 1988), approved, 559 So. 2d 198 (Fla.1990). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution, and quash Finney.
In the instant case the district court affirmed the trial court’s granting of Fin-ney’s motion for postconviction relief and its vacating of one of Finney’s convictions based on the retroactive application of Carawan v. State, 515 So. 2d 161 (Fla.1987), and Hall v. State, 517 So. 2d 678 (Fla.1988).
Recently, however, we held that a defendant whose convictions are fully adjudicated and final may not obtain postconviction relief based on a claim of improper conviction of multiple crimes arising from a single transaction. State v. Glenn, 558 So. 2d 4 (Fla.1990).
In reaching this conclusion we also held that Carawan should not be applied retroactively. Hall, which is based on Carawan, is, like Carawan, an evolutionary refinement in the law. Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980).
As such, Hall should not be applied retroactively through a motion for postconviction relief. Glenn; Love v. State, 559 So. 2d 198 (Fla.1990).
Therefore, we quash Finney and direct the district court to reverse the trial court’s order.
It is so ordered.
EHRLICH, C.J., and SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. OVERTON, J., concurs in result only.
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Williams v. Davis, 974 So. 2d 1052 (Fla. 2007)…to see the sign and abide by its message. See Armas v. Metropolitan Dade County, 429 So. 2d 59 (Fla. 3d DCA 1983); Morales v. Costa, 427 So. 2d 297 (Fla. 3d DCA), review denied, 434 So. 2d 886 (Fla.1983). In Sullivan v. Silver Palm Properties, Inc., 558 So. 2d 409 (Fla.1990), the Florida Supreme Court discussed the decisions in Armas and Morales and the foreseeability of the danger posed by a branch that overhangs the landowner’s property and obstructs a traffic control sign. The court stated that “common sen…1 / 2
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Regency Lake Apts. Assocs., Ltd. v. French, 590 So. 2d 970 (Fla. 1st DCA 1991)…ith exposed tree roots. [*975] IV. Natural Conditions Regency asserts that a natural condition may not be considered a defect. A natural condition on a piece of property is not normally considered a defect. Sullivan v. Silver Palm Properties, Inc., 558 So. 2d 409 (Fla.1990); Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981), rev. denied, 407 So. 2d 1102 (Fla.1981). A natural condition, however, may constitute a danger depending upon the use of the property. Thus, a person who invites people to utilize a pi…
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Adams v. Peat, 449 U.S. 1067 (U.S. 1980)
- Jarrett v. Jarrett, 449 U.S. 1067 (U.S. 1980)
- State v. Glenn, 558 So. 2d 4 (Fla. 1990)
- Harris v. State, 520 So. 2d 639 (Fla. 1st DCA 1988)
- Love v. State, 559 So. 2d 198 (Fla. 1990)
- Gassner v. Caduceus Self Ins. Fund, Inc., 532 So. 2d 1133 (Fla. 4th DCA 1988)
- Love v. State, 532 So. 2d 1133 (Fla. 4th DCA 1988)