LEON LAMAR HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEON LAMAR HILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
588 So. 2d 46
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellant was convicted and sentenced for robbery with a deadly weapon, aggravated assault, and simple battery, all growing out of a single criminal episode on July 30, 1990. He argues that he should not have been convicted and sentenced for the aggravated assault and the simple battery because the statutory elements of those crimes are subsumed by the statutory elements of robbery with a deadly weapon. See section 775.021(4), Florida Statutes (1989). Upon authority of our decisions in Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990), and Cave v. State, 578 So. 2d 766 (Fla. 1st DCA 1991), we reject the appellant’s arguments.
The judgments and sentences are affirmed.
ALLEN and KAHN, JJ., and WENTWORTH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III, 89 So. 3d 923 (Fla. 4th DCA 2012)…rity.”); Webber v. Blanc, 39 Fla. 224, 22 So. 655, 656 (1897) (where court observed that the "fact that a mortgage was taken to secure the note did not deprive the holder thereof of the legal remedy to collect it.”); Syfrett v. Amsouth Bank of Fla., 588 So. 2d 46, 47 (Fla. 1st DCA 1991) ("The bank did not infringe upon any rights of appellant by first obtaining a money judgment against appellant based upon a personal guaranty, and then proceeding to foreclose a security interest in real estate owned by appel…
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Brown v. State, 761 So. 2d 1135 (Fla. 1st DCA 2000)…can be accomplished by an assault without battery); Garcia v. State, 594 So. 2d 806 (Fla. 1st DCA 1992) (upholding separate convictions for aggravated battery and for burglary with intent to commit assault based on the same conduct); Hill v. State, 588 So. 2d 46 (Fla. 1st DCA 1991) (upholding separate convictions for aggravated assault and for simple battery); Shaw v. State, 466 So. 2d 1245 (Fla. 5th DCA 1985) (Cowart, J., concurring specially) (upholding separate convictions for burglary with assault and f…
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LPP Mortg. Ltd. v. Cacciamani, 924 So. 2d 930 (Fla. 3d DCA 2006)…d DCA 1983), “a suit on a guaranty and a foreclosure action are not inconsistent remedies, and therefore pursuit of either of those remedies without satisfaction is not a bar to the pursuit of the other.” See also Syfrett v. Amsouth Bank of Florida, 588 So. 2d 46 (Fla. 1st DCA 1991). LPP Mortgage did not receive complete satisfaction in the foreclosure action and was, therefore, within its right to demand the remaining indebtedness from Cacciamani under the guaranty. Accordingly, we reverse the summary judg…
Authorities Cited
- Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990)
- Cave v. State, 578 So. 2d 766 (Fla. 1st DCA 1991)