DARRYL JACKSON, APPELLANT/CROSS APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS APPELLANT
PER CURIAM.
We affirm in part and reverse in part. We agree with appellant that constitutional double jeopardy considerations bar his convictions for both armed robbery and the larceny included in the robbery. See State v. Rodriquez, 500 So. 2d 120 (Fla.1986). We disagree, however, that appellant could not be convicted of both armed robbery and aggravated assault. See State v. Baker, 452 So. 2d 927 (Fla.1984); Collins v. State, 577 So. 2d 986 (Fla. 4th DCA 1991). We also agree with the state, in its cross appeal, that the trial court erred in its application of the sentencing provisions of the habitual offender statute. Taylor v. State, 589 So. 2d 919 (Fla. 4th DCA 1991). Contra Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991). Under Taylor, appellant here may not be resentenced as an habitual offender, although the trial court may consider deviating from the guidelines if valid written reasons are provided.
In accord with the above we reverse with directions that appellant’s conviction for petit larceny be vacated and that appellant be resentenced for his remaining convictions in accord with the above.
GLICKSTEIN, C.J., and ANSTEAD and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sirmons v. State, 603 So. 2d 82 (Fla. 5th DCA 1992)…to, either temporarily or permanently: [*84] (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. . Compare Jackson v. State, 587 So. 2d 1168 (Fla. 4th DCA1991), citing Rodriquez II, holding that convictions for both armed robbery and the underlying larceny were barred by double jeopardy considerations. Since the Fourth District cited Rodriquez II, we assume that the reference to larceny…
-
Stone v. State, 616 So. 2d 643 (Fla. 4th DCA 1993)…al convictions and sentences for two counts of robbery with a firearm and two counts of aggravated assault with a firearm, as charged, violate the prohibition against double jeopardy. See Taylor v. State, 608 So. 2d 804 (Fla.1992); Jackson v. State, 587 So. 2d 1168 [*644] (Fla. 4th DCA 1991); Collins v. State, 577 So. 2d 986 (Fla. 4th DCA 1991). AFFIRMED. DELL, GUNTHER and FARMER, JJ., concur.…
Authorities Cited
- State v. Baker, 452 So. 2d 927 (Fla. 1984)
- State v. Rodriquez, 500 So. 2d 120 (Fla. 1986)
- Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991)
- Collins v. State, 577 So. 2d 986 (Fla. 4th DCA 1991)
- C & D Plastics, Inc. v. Lund, 577 So. 2d 986 (Fla. 4th DCA 1991)