STATE OF FLORIDA, APPELLANT,

v.

ALAN DESMARAIS, APPELLEE

Citator

Cited By

• Owens v. State, 626 So. 2d 240 (Fla. 2d DCA 1993)
  …) casts doubt upon the correctness of the Sands and Netherly opinions. Taylor held that aggravated assault is not a category-one necessarily lesser included offense of armed robbery. Taylor, 608 So. 2d at 805. The Fourth District, in Stone v. State, 616 So. 2d 643 (Fla. 4th DCA 1993), has applied Taylor to hold that there is no double jeopardy violation when a defendant is convicted of aggravated assault and armed robbery. We conclude that Taylor now makes it clear that there is no double jeopardy prohibition…
• Bell v. State, 114 So. 3d 229 (Fla. 5th DCA 2013)
  …olate double jeopardy. See Ward v. State, 898 So. 2d 1152, 1158 (Fla. 5th DCA 2005); Delaney v. State, 673 So. 2d 541 (Fla. 3d DCA 1996); Owens v. State, 626 So. 2d 240, 242 (Fla. 2d DCA 1993), rev. denied, 634 So. 2d 626 (Fla.1994); Stone v. State, 616 So. 2d 643 (Fla. 4th DCA 1993). Bell failed to acknowledge any of these cases.4 Conclusion We caution counsel that the most basic tenets of professionalism in appellate prac [*232] tice require more than this of a practitioner. AFFIRMED. PALMER, LAWSON and…
• Stone v. State, 667 So. 2d 974 (Fla. 4th DCA 1996)
  …a police officer, and leaving the scene of an accident. He was separately convicted of a severed count of possession of a firearm by a convicted felon. He separately appealed the above convictions which were affirmed by this court in Stone v. State, 616 So. 2d 643 (Fla. 4th DCA 1993), and Stone v. State, 618 So. 2d 247 (Fla. 4th DCA 1993). Appellant then filed two motions for post-conviction relief. With respect to the first motion (the multiple count convictions), Stone alleged ineffective assistance of cou…