THOMAS LEE ELMY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Weiss v. State, 720 So. 2d 1113 (Fla. 3d DCA 1998)
  …rized a crippled man and a three-year-old child. I. As the State concedes, the conviction for home invasion robbery must be vacated on double jeopardy grounds as subsumed by the “greater” conviction for burglary with an assault. See Elmy v. State, 667 So. 2d 392 (Fla. 1st DCA 1995). We find no merit in the sole claim of trial error, see State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), however, and therefore affirm the remaining conviction. II. In considering the defendant’s two challenges to the sentence —…
• Emmett Black v. State, 677 So. 2d 22 (Fla. 4th DCA 1996)
  …he elements of burglary are included in the offense of home invasion robbery, of which appellant was also convicted. See § 775.021(4)(b)l Fla. Stat. (1995); Sirmons v. State, 634 So. 2d 153, 155 (Fla.1994) (Kogan, J., concurring); Cf. Elmy v. State, 667 So. 2d 392 (Fla. 1st DCA 1995). We remand for preparation of a new and accurate sentencing guidelines scoresheet and resentencing of appellant based on the remaining offenses of which he was adjudicated guilty. We note that of the several reasons for upward…
• Bowers v. State, 679 So. 2d 340 (Fla. 1st DCA 1996)
  …because the crime of burglary with assault is subsumed by the offense of home-invasion robbery. See §§ 775.021, 810.02(1), 810.02(2)(a), 812.135, 812.13(1), Fla.Stat. (1995). See also Black v. State, 677 So. 2d 22 (Fla. 4th DCA 1996); Elmy v. State, 667 So. 2d 392 (Fla. 1st DCA 1995). In the instant case the subsumed crime, burglary with assault, is a greater offense. We therefore vacate the conviction for home-invasion robbery. In addition, on remand, the judgment must be corrected to reflect that burglary w…

Authorities Cited

• Sirmons v. State, 634 So. 2d 153 (Fla. 1994)