JIMMY LEON MARROW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Dual convictions for armed burglary and grand theft of a firearm violate double jeopardy when the firearm theft is the sole basis for the 'armed' element of the burglary.
Defendant burglarized a home, stealing various items including a firearm. He was convicted of armed burglary and grand theft of the firearm.…
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PER CURIAM.
Jimmy Leon Marrow (Marrow) appeals from a judgment and sentence for armed burglary and grand theft of a firearm. Marrow says that his dual convictions violate double jeopardy principles, and that one conviction must be vacated. We agree.
Marrow was charged in count one with armed burglary, in count two with grand theft of a firearm, and in count three with grand theft of other property. Marrow entered the victim’s Santa Rosa County home on April 1,1994, by cutting a window screen. Marrow stole electronic and jewelry items; he also stole a pistol from the victim’s bedroom closet. The theft of the pistol is the basis for Marrow’s armed burglary conviction — in the single act of stealing the pistol, he armed himself.
Marrow was sentenced, as an habitual offender, to life in prison on count one; and ten years in prison on counts two and three, to run concurrently with count one. Double jeopardy however bars convicting Marrow of both armed burglary and grand theft of a firearm, where the single act of stealing a firearm is the act which converts his burglary into an armed burglary. State v. Steams, 645 So. 2d 417 (Fla.1994); Cleveland v. State, 587 So. 2d 1145, 1146 (Fla.1991).
We therefore vacate Marrow’s judgment and sentence for grand theft of a firearm.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
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Gaber v. State, 684 So. 2d 189 (Fla. 1996)…WELLS, Justice. We have for review Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995), which expressly and directly conflicts with the opinion in Marrow v. State, 656 So. 2d 579 (Fla. 1st DCA), review denied, 664 So. 2d 249 (Fla. 1995). These cases are in conflict over the question of whether separate convictions and sentences for armed burglary and grand theft of a firearm arising from a single criminal episode violate pri…
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Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995)…v. State, 579 So. 2d 823, 824 (Fla. 1st DCA 1991); Peterson v. State, 542 So. 2d 417, 418 (Fla. 4th DCA 1989); Marion v. State, 526 So. 2d 1077, 1078 (Fla.2d DCA 1988). We recognize that this decision is contrary to the holding in Marrow v. State, 656 So. 2d 579 (Fla. 1st DCA 1995). The Marrow court, citing to the Florida Supreme Court case of State v. Stearns, 645 So. 2d 417 (Fla.1994), held that convictions for both armed burglary and grand theft of a firearm violated double jeopardy. We disagree with th…
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Johnson v. State, 689 So. 2d 1065 (Fla. 1997)…WELLS, Judge. We have for review Johnson v. State, 677 So. 2d 71 (Fla. 4th DCA 1996), which is in direct conflict with Marrow v. State, 656 So. 2d 579 (Fla. 1st DCA), review denied, 664 So. 2d 249 (Fla.1995). These cases are in [*1066] conflict over the question of whether separate convictions and sentences for two separate charges involving a firearm and arising from a single criminal episode vio…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)
- City OF Sarasota v. Mikos, 645 So. 2d 417 (Fla. 1994)
- State v. Stearns, 645 So. 2d 417 (Fla. 1994)