ELTON RUMPH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1993-03-04
No. 92-408
Ervin, J., Smith, J., Barfield, J.
615 So. 2d 211 Florida District Court of Appeal, First District (1993)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant's convictions for aggravated assault and shooting into an occupied vehicle are affirmed because the state presented competent, substantial evidence on each element, and dual convictions for these offenses are authorized by Florida Statutes section 775.021(4).


Holding

Dual convictions for aggravated assault and shooting into an occupied vehicle are authorized by section 775.021(4), Florida Statutes, and the trial judge correctly denied the motion for judgment of acquittal where competent, substantial evidence supported each element.


Headnotes

[1] Dual convictions for aggravated assault and shooting into an occupied vehicle are authorized by section 775.021(4), Florida Statutes.

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Appellant was convicted of aggravated assault and shooting into an occupied vehicle. The state introduced competent, substantial evidence on each elem…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s convictions for aggravated assault and shooting into an occupied vehicle are affirmed. Because the state introduced competent, substantial evidence on each element of the offenses charged, the trial judge correctly denied appellant’s motion for judgment of acquittal on each count. Dual convictions for aggravated assault and shooting into an occupied vehicle are authorized by section 775.021(4), Florida Statutes (1991). Price v. State, 577 So. 2d 682 (Fla. 1st DCA 1991), quashed on other grounds, 595 So. 2d 951 (Fla.1992).1

AFFIRMED.

ERVIN, SMITH and BARFIELD, JJ., concur. . In addition to addressing the issue of the validity of dual convictions for aggravated assault and shooting into an occupied vehicle, the panel in Price v. State, 577 So. 2d 682 (Fla. 1st DCA 1991), certified as a question of great public importance whether section 775.084(l)(a)l, Florida Statutes (1989), the habitual offender statute, required that each of the felonies be committed after conviction for the immediately previous offense. This was the same question previously certified to the supreme court in Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991).

The supreme court accepted jurisdiction and issued a cursory decision quashing this court's decision in Price on the authority of its decision in State v. Barnes, 595 So. 2d 22 (Fla.1992).

The supreme court did not specifically address the issue of the validity of dual convictions for the two offenses at issue pursuant to section 775.021(4), Florida Statutes. The validity of dual convictions for aggravated assault and shooting into an occupied vehicle was not an issue in Barnes.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw