JEROME SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's dual convictions for robbery and theft in separate cases arising from single criminal episodes violated double jeopardy; robbery convictions affirmed but theft convictions vacated and case remanded for resentencing.
Dual convictions for robbery and theft arising from a single criminal episode against a single victim violate the double jeopardy prohibition.
[1] Dual convictions for robbery and theft arising from a single criminal episode against a single victim constitute double jeopardy violation requiring vacation of the lesse…
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Join FLexlaw to unlock all legal intelligenceSullivan was convicted of robbery and petit theft in one case and robbery and grand theft in another case, with each pair of offenses arising from a s…
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PER CURIAM.
Appellant was convicted of robbery and petit theft in Case No. 92-1560, and robbery and grand theft in Case No. 92-1556. In each case, the dual offenses arose from a single criminal episode against a single victim. Appellant argues that the dual convictions in each ease violate the prohibition against double jeopardy. We agree.
The state concedes, on the authority of J.C.B. v. State, 512 So. 2d 1073 (Fla. 1st DCA 1987), rev. denied, 520 So. 2d 586 (Fla.1988), and Simmons v. State, 551 So. 2d 607 (Fla. 5th DCA 1989), that the dual robbery and petit theft convictions in Case No. 92-1560 are improper. Similarly, the supreme court’s recent decision in Sirmons v. State, 19 Fla. Law Weekly S71, — So. 2d-(Fla. February 3,1994), requires reversal of the grand theft conviction in Case No. 92-1556. Accordingly, appellant’s judgments of conviction and sentences for robbery in Case No. 92-1556 and in Case No. 92-1560 are AFFIRMED; however, we VACATE appellant’s petit theft conviction and sentence in Case No. 92-1560 as well as his grand theft conviction and sentence in Case No. 92-1556. Further, in view of our reversal of the grand theft and petit theft convictions, we remand for resentencing under a corrected guidelines scoresheet.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
SMITH, ALLEN and DAVIS, JJ., concur.
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Cited By
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Demeko Ladjuan Sims v. State, 260 So. 3d 509 (Fla. 1st DCA 2018)
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Wolf v. State, 679 So. 2d 351 (Fla. 5th DCA 1996)…bottomed on the fact that there is no monetary element in petit theft and parallels the established rule that petit theft is a necessarily lesser included offense of robbery. See State v. Rodriquez, 500 So. 2d 120, 122 (Fla.1986); Sullivan v. State, 631 So. 2d 1142 (Fla. 1st DCA 1994); Simmons v. State, 551 So. 2d 607, 608 (Fla. 5th DCA 1989). It would follow that, as with robbery, see Rodriquez, 500 So. 2d at 122; J.C.B. v. State, 512 So. 2d 1073, 1074 (Fla. 1st DCA 1987), review denied, 520 So. 2d 586 (Fla.1…
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Daren Lamar Williams v. State, 635 So. 2d 1035 (Fla. 3d DCA 1994)…mons v. State, 634 So. 2d 153 (Fla. 1994), the dual convictions are in violation of the constitutional prohibition against double jeopardy and both cannot stand. Accordingly, reversal of the grand theft conviction is required. See Sullivan v. State, 631 So. 2d 1142 (Fla.1994); see also Cavawan v. State, 515 So. 2d 161 (Fla.1987), abrogated in part by, State v. Smith, 547 So. 2d 613 (Fla.1989); Crawford v. State, 549 So. 2d 1145 (Fla. 3d DCA 1989). The conviction and sentence for grand theft is reversed with di…
Authorities Cited
- In the Interest of J.C.B. v. State, 512 So. 2d 1073 (Fla. 1st DCA 1987)
- Hildagarde Simmons v. State, 551 So. 2d 607 (Fla. 5th DCA 1989)