CITY OF SARASOTA, ETC., PETITIONER,
v.
J. W. MIKOS, ETC., RESPONDENT
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SHAW, Justice.
We have for review City of Sarasota v. Mikos, 633 So. 2d 1075 (Fla. 2d DCA 1993) (table report of unpublished opinion), based on a conflict between Sebring Airport Authority v. McIntyre, 623 So. 2d 541 (Fla. 2d DCA 1993) and Page v. Fernandina Harbor Joint Venture, 608 So. 2d 520 (Fla. 1st DCA 1992), review denied, 620 So. 2d 761 (Fla. 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The court below affirmed the trial court based on the holding of Sebring Airport Authority v. McIntyre, 623 So. 2d 541 (Fla. 2d DCA 1993). City of Sarasota v. Mikos, 633 So. 2d 1075 (Fla. 2d DCA 1993) (unpublished opinion). We approve the decision of the court below, based on our approval of Sebring and our resolution of the above conflict. Sebring Airport Auth. v. McIntyre, 642 So. 2d 1072 (Fla.1994).
It is so ordered.
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
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Citator
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M.P. v. State, 682 So. 2d 79 (Fla. 1996)…cations of delinquency could not stand “because all of the violations of law arose out of a single episode.” A.J.H., 652 So. 2d at 1280; accord M.P.C., 659 So. 2d at 1294. In A.J.H., the district court cited this Court’s decision in State v. Steams, 645 So. 2d 417 (Fla.1994), as prohibiting conviction and sentence for two crimes involving a firearm whenever they arise from the same criminal episode. A.J.H., 652 So. 2d at 1280. In M.P.C., the district court found A J.H. to be dispositive and required that two…1 / 2
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Gaber v. State, 684 So. 2d 189 (Fla. 1996)…t of Appeal held that principles of double jeopardy were violated when the defendant was convicted of grand theft of a firearm and armed burglary, with both charges arising out of a single incident. The court held, in reliance upon State v. Stearns, 645 So. 2d 417 (Fla.1994), that the single act of stealing a firearm converted Marrow’s burglary into an armed burglary. Gaber, 662 So. 2d at 424. On appeal to this Court, Gaber contends that double jeopardy prohibits separate convictions for the charges of armed…
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Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)…o. 2d 1113 (Fla.1990); Washington v. State, 661 So. 2d 1294 (Fla. 4th DCA 1995), cause dismissed, 669 So. 2d 252 (Fla.1996); Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180,182, 76 L.Ed. 306 (1932). We have considered State v. Stearns, 645 So. 2d 417 (Fla.1994), in which the supreme court reversed a dual conviction, on double jeopardy grounds, for armed burglary and carrying a concealed weapon, but do not deem it applicable here. We do not read Steams as proclaiming a general exception to Blockb…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Sebring Airport Auth. v. McINTYRE, 642 So. 2d 1072 (Fla. 1994)
- Page v. Fernandina Harbor Joint Venture, 608 So. 2d 520 (Fla. 1st DCA 1992)
- The Sebring Airport Auth. & Sebring Int'l Raceway, Inc. v. McINTYRE, 623 So. 2d 541 (Fla. 2d DCA 1993)