STATE OF FLORIDA, APPELLANT,

v.

JOHN SHAVER, APPELLEE

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 →

Authorities Cited

• Schmitt v. State, 563 So. 2d 1095 (Fla. 4th DCA 1990)