STATE OF FLORIDA, PETITIONER,
v.
RICHARD T. STEARNS, JR., RESPONDENT
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The Florida Supreme Court addressed whether a defendant could be convicted of both armed burglary and carrying a concealed weapon during the same criminal episode. The court held that double jeopardy principles prohibit multiple convictions for offenses involving a single firearm arising from the same transaction.
No, double jeopardy principles prohibit the state from convicting and sentencing a defendant for two offenses involving a firearm that arose out of the same criminal episode.
[1] Armed burglary is a continuing offense.
[2] Double jeopardy principles bar conviction and sentencing for two offenses involving a firearm that arise out of the same criminal episode.
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Join FLexlaw to unlock all legal intelligence“WHETHER A DEFENDANT WHO, IN THE COURSE OF ONE CRIMINAL TRANSACTION OR EPISODE, COMMITS AND IS CONVICTED OF BURGLARY OF A STRUCTURE WHILE ARMED AND GRAND THEFT OF PROPERTY FOUND THEREIN MAY, CONSISTENT WITH DOUBLE JEOPARDY PRINCIPLES, ALSO BE CONVICTED OF CARRYING A CONCEALED WEAPON WHILE COMMITTING THE GRAND THEFT.”
The certified question presented to the Florida Supreme Court.
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Join FLexlaw to unlock all legal intelligenceRichard Stearns was convicted of armed burglary, grand theft, and carrying a concealed weapon while committing the grand theft. The burglary sentence …
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HARDING, Justice.
We have for review Stearns v. State, 626 So. 2d 254 (Fla. 5th DCA 1993), where the district court certified this question as one of great public importance:
WHETHER A DEFENDANT WHO, IN THE COURSE OF ONE CRIMINAL TRANSACTION OR EPISODE, COMMITS AND IS CONVICTED OF BURGLARY OF A STRUCTURE WHILE ARMED AND GRAND THEFT OF PROPERTY FOUND THEREIN MAY, CONSISTENT WITH DOUBLE JEOPARDY PRINCIPLES, ALSO BE CONVICTED OF CARRYING A CONCEALED WEAPON WHILE COMMITTING THE GRAND THEFT.
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.'
Stearns was convicted of burglary of a structure while armed, grand theft, and carrying a concealed weapon while committing a felony, to wit: grand theft. Stearns’ burglary sentence was enhanced because of his possession of a firearm. The district court reversed his conviction and sentence for carrying a concealed weapon because:
Armed burglary, as contrasted with mere burglary, is, as defined in section 810.02(2), Florida Statutes, a continuing offense. The state cannot, consistent with double jeopardy principles, charge, convict, and sentence a defendant for two offenses for the single act of possession of one weapon.
Stearns, 626 So. 2d at 255 (citations omitted).
We agree with the district court that armed burglary is a continuing offense. Thus, our recent decision in State v. Brown, 633 So. 2d 1059 (Fla.1994), resolves the case now before us. In Brown we held that a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode. Id. at 1060-61. In the instant case, therefore, double jeopardy bars the State from convicting and sentencing Stearns for two offenses involving a firearm that arose out of the same criminal episode.
Accordingly, we answer the certified question in the negative and approve the district court’s decision reversing Stearns’ conviction and sentence for carrying a concealed weapon while committing a felony.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ, concur.
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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
- State v. Brown, 633 So. 2d 1059 (Fla. 1994)
- Ambrose v. State, 626 So. 2d 254 (Fla. 5th DCA 1993)