JOSEPH R. MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
AFFIRMED. We find no error in the trial court’s decision to permit, in essence, appellant to act as co-counsel. Cfi State v. Tait, 387 So. 2d 338 (Fla.1980). We also find no error in the trial court’s denial of a mistrial and in admitting into evidence appellant’s statement to the police. See Dufour v. State, 495 So. 2d 154 (Fla.1986) and State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). Similarly, we reject appellant’s claims as to the habitual offender statute. Johnson v. State, 564 So. 2d 1174 (Fla. 4th DCA 1990). Finally, we find no double jeopardy violation by appellant’s conviction of attempted burglary, possession of burglary tools and criminal mischief. See Ferguson v. State, 420 So. 2d 585 (Fla.1982).
ANSTEAD, LETTS and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. State, 608 So. 2d 797 (Fla. 1992)…episode do not violate the proscription against double jeopardy. We note that two district courts of appeal have already reached the same conclusion in post-Thomas decisions. Smith v. State, 588 [*800] So. 2d 654 (Fla. 2d DCA 1991); Morgan v. State, 576 So. 2d 792 (Fla. 4th DCA 1991). Jones also challenges his sentence of thirty months imprisonment followed by five years’ probation for the attempted burglary of a dwelling. Attempted burglary is a third-degree felony. § 810.02(3), Fla. Stat. (1989); § 777.04(…
-
Jones v. State, 588 So. 2d 644 (Fla. 2d DCA 1991)…ons, concluding that there is no infringement upon the protections against double jeopardy for convictions of both attempted burglary and possession of burglary tools. In reaching this conclusion, we agree with the result reached in Morgan v. State, 576 So. 2d 792 (Fla. 4th DCA 1991) and certify conflict with Ghent v. State, 536 So. 2d 285 (Fla. 3d DCA), review denied, 545 So. 2d 1369 (Fla.1989). We also affirm the sentence for attempted burglary, finding that the sentence imposed is a lawful probationary spl…
-
Smith v. State, 588 So. 2d 654 (Fla. 2d DCA 1991)…tting the case to the jury. We also do not agree with defendant’s argument that attempted burglary and possession of burglary tools are a single offense and that double jeopardy precludes the convictions and sentences for both. See Morgan v. State, 576 So. 2d 792 (Fla. 4th DCA 1991) (no double jeopardy violation where defendant convicted of attempted burglary, possession of burglary tools and criminal mischief). See also Jones v. State, 588 So. 2d 644 (Fla. 2d DCA 1991). Section 775.021(4), Florida Statutes…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- State v. Tait, 387 So. 2d 338 (Fla. 1980)
- Dufour v. State, 495 So. 2d 154 (Fla. 1986)
- Delrick Johnson v. State, 564 So. 2d 1174 (Fla. 4th DCA 1990)
- Ferguson v. State, 420 So. 2d 585 (Fla. 1982)