CALVIN EUGENE GRIFFIN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This cause is before us on appeal from an order summarily denying appellant’s motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Although appellant has raised a series of claims, we address only his contention that the trial court erred in summarily denying his claim that he was improperly convicted of two separate conspiracies, when he had entered into only one agreement.
Generally, if a single agreement exists, only one conspiracy, exists, even if the conspiracy has multiple objectives. An other general rule is that a conspiracy continues to exist until consummated, abandoned, or otherwise terminated by some affirmative act. Cam v. State, 433 So. 2d 38, 39 (Fla. 1st DCA 1983); Epps v. State, 354 So. 2d 441, 442 (Fla. 1st DCA 1978). The order appealed from is reversed to the extent indicated herein, and this cause is remanded to the trial court with instructions to either hold an evidentiary hearing or attach portions of the record refuting appellant’s claim.
BOOTH, ERVIN and ZEHMER, JJ., concur.
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Ross v. State, 664 So. 2d 1004 (Fla. 4th DCA 1995)…into Florida. In the instant case each transaction was entirely different, as was the conspiratorial agreement. See May v. State, 600 So. 2d 1266, 1268 (Fla. 5th DCA 1992); Donovan v. State, 572 So. 2d 522, 528 (Fla. 5th DCA 1990); Griffin v. State, 611 So. 2d 20 (Fla. 1st DCA 1992); Aiello v. State, 390 So. 2d 1205, 1207 (Fla. 4th DCA 1980). Since the state relied heavily on the trio of conspiracies to convict the appellant of trafficking in cocaine, one of which did not constitute a crime punishable under…
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Usher v. State, 642 So. 2d 29 (Fla. 2d DCA 1994)…e since there was independent evidence of a conspiracy to kidnap. However, the statements made after the appellant was taken home were not admissible under the coconspirator’s exception since any conspiracy to kidnap had ended. See Griffin v. State, 611 So. 2d 20 (Fla. 1st DCA 1992). Furthermore, the record reveals no independent evidence of a conspiracy to commit murder or of the appellant’s participation in it. See Miller v. State, 545 So. 2d 343 (Fla. 2d DCA 1989).- In fact, the trial court concluded tha…
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Doolin v. State, 650 So. 2d 44 (Fla. 1st DCA 1995)…only one conspiracy exists even if the conspiracy has as its objectives the commission of multiple offenses; and the conspiracy continues to exist until consummated, abandoned, or otherwise terminated [*45] by some affirmative act. Griffin v. State, 611 So. 2d 20 (Fla. 1st DCA 1992); Cam v. State, 433 So. 2d 38 (Fla. 1st DCA 1983); Epps v. State, 354 So. 2d 441 (Fla. 1st DCA), cert. denied, 360 So. 2d 1250 (Fla.1978).1 In this case, the state’s proof established that only one agreement was made to commit mul…
Authorities Cited
- Norris Epps v. State, 354 So. 2d 441 (Fla. 1st DCA 1978)
- CAM v. State, 433 So. 2d 38 (Fla. 1st DCA 1983)