DEAN GIDDEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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.
Separate convictions for attempted murder with a firearm and possession of a firearm during a felony do not violate double jeopardy.
Defendant was convicted of attempted murder with a firearm and possession of a firearm during the commission of a felony. The defense argued that thes…
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 Excusable Homicide cases and more on FLexlaw
PER CURIAM.
The failure to give the long-form instruction on excusable homicide was not fundamental error where the defense failed to make a timely objection to the court’s instruction. State v. Smith, 573 So. 2d 306 (Fla.1990).
The defendant’s second argument, that multiple convictions for attempted murder with a firearm and possession of a firearm during the commission of a felony violate the double jeopardy clause, is unpersuasive. The two applicable statutes contain no common elements and the offenses are not degrees of the same offense, thus a Blockburger1 analysis does not preclude separate convictions for each offense. Carawan v. State, 515 So. 2d 161 (Fla.1987), does not preclude separate convictions because the offenses in this case were committed after the amendments to section 775.021(4), Florida Statutes (1989), became effective. Those amendments overruled Carawan for offenses that occurred subsequent to the effective date of section 775.-021(4), as amended. State v. Smith, 547 So. 2d 613, 617 (Fla.1989).
Affirmed.
. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Hanna, 576 So. 2d 410 (Fla. 3d DCA 1991)…ceded Carawan v. State, 515 So. 2d 161 (Fla.1987), the dual convictions are proper because the legislature expressed its intent that all criminal offenses containing, as here, a unique statutory element shall be separately punished. Gidden v. State, 573 So. 2d 153 (Fla. 3d DCA 1991); Brunson v. State, 568 So. 2d 1344 (Fla. 3d DCA 1990). The offenses in this case occurred after the effective date of the statutory amendment. Since our decision is based on a post-Ca-rawan analysis of section 775.021(4), we do…
-
Simmons v. State, 580 So. 2d 295 (Fla. 5th DCA 1991)…ense (§ 790.-07(2), Fla. Stat.) was a lesser offense of the underlying offense when the underlying felony was attempted first-degree murder (as enhanced and reclassified under section 775.082, by use of a weapon or firearm). But see Gidden v. State, 573 So. 2d 153 (Fla. 3d DCA 1991); Boutwell v. State, 563 So. 2d 798 (Fla. 1st DCA 1990); Cleveland v. State, 574 So. 2d 289 (Fla. 5th DCA 1991), all of which did not consider the fact that all of the varying elements of the underlying offense, whatever they are,…
-
Amrhein v. State, 622 So. 2d 172 (Fla. 2d DCA 1993)…ial counsel did not request an instruction on the “Independent Act Doctrine” and did not object to it not being given. Thus, he cannot raise the issue for the first time on direct appeal. McKinney v. State, 579 So. 2d 80 (Fla.1991); Gidden v. State, 573 So. 2d 153 (Fla. 3d DCA 1991). We affirm Amrhein’s convictions without prejudice to raise this issue by a 3.850 motion. RYDER, A.C.J., and HALL, J., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- State v. Smith, 573 So. 2d 306 (Fla. 1990)