EDUARDO SMART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Chief Judge.
Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant’s sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993). See § 775.021, Fla. Stat. (1993). Compare Sinnons v. State, 634 So. 2d 153 (Fla.1994) (double jeopardy precludes separate convictions and sentences for armed robbery and theft of same vehicle); Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994) (double jeopardy precludes convictions and sentences for multiple counts of armed robbery when acts of taking were part of one comprehensive transaction to confiscate the sole victim’s property); Nordelo v. State, 603 So. 2d 36, 38 (Fla. 3d DCA 1992) (same).
Affirmed.
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Cited By (14 total)
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Cruller v. State, 808 So. 2d 201 (Fla. 2002)…ed dual convictions for both robbery and carjacking. The Third District disagreed and held that “under these circumstances the defendant was properly convicted for both of the separate offenses of robbery and carjacking.” Id. (citing Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995)).1 The Third District, however, certified conflict with the First District’s decision in Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999). See Cruller, 745 So. 2d at 512. THE CONFLICT CASE In contrast to Cruller, the First Dist…1 / 2
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Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999)…e armed robbery of the victim’s purse, checkbook and money occurred before the carjacking and thus constituted separate offenses under the rationale cited by our court in Howard. I am also persuaded by our sister court’s decision in Smart v. State, 652 So. 2d 448 (Fla. 3rd DCA 1995), affirming dual convictions for armed robbery and armed carjacking. That court held as follows: Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim…
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Howard v. State, 723 So. 2d 863 (Fla. 1st DCA 1998)…same time.” In contrast to Sirmons and Hamilton, the case at bar involved two discrete offenses: taking the victim’s ear at gunpoint, and shortly thereafter, while in a different location, taking his personal effects. Similarly, in Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995), the court affirmed convictions for armed robbery and armed carjacking upon evidence showing that Smart robbed his victim of jewelry and his wallet next to an ATM machine, and then drove away in the victim’s car. The Fifth Distric…
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- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)
- Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992)
- Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994)