TYRONE FOSTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review Foster v. State, 596 So. 2d 1099 (Fla. 5th DCA1992), which expressly construes the double jeopardy provision of the Florida Constitution. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. On March 30, 1988, Tyrone Foster and an accomplice attacked and took the wallet of a person outside a convenience store. Foster now seeks review of the district court’s affirmance of his convictions and sentences for aggravated battery and robbery. We note that the case is governed by our analysis in Carawan v. State, 515 So. 2d 161 (Fla.1987), since the offenses occurred prior to the effective date of Carawan’s legislative abrogation. See State v. Smith, 547 So. 2d 613 (Fla.1989). Because we agree with the court below that the two offenses here address separate evils, we approve the decision below under Carawan’s rationale.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
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Sirmons v. State, 634 So. 2d 153 (Fla. 1994)…ts issue. It is highly significant that the legislature did not stop merely with a reiteration of the Btockburger rule, but then proceeded to create three exceptions to it — the three additional tiers. As I noted in my concurrence to Cave v. State, 613 So. 2d 454, 456-57 (Fla. [*155] 1993) (Kogan, J., concurring), our duty is to give effect to all language in a statute, and we must not presume that the legislature created an exception that is an exception to nothing unless there is no other reasonable constr…1 / 2
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State v. Burris, 875 So. 2d 408 (Fla. 2004)…le, the State could charge such an offender with one count of robbery [*415] under section 812.13(2)(c) (enhanced by-section 775.087(1)) and with a second count of aggravated battery under section 784.045, Florida Statutes (2002). See Cave v. State, 613 So. 2d 454, 455 (Fla.1993) (holding that a defendant may be charged with both armed robbery and aggravated battery, without a double jeopardy violation, because each crime contains an element not contained in the other). Finally, we address the rule of lenity…
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Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Rubin v. NEW Sunrise Inv. Corp., 596 So. 2d 1099 (Fla. 3d DCA 1992)
- Foster v. State, 596 So. 2d 1099 (Fla. 5th DCA 1992)