FRANKLIN JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Attempted Second Degree Murder With A Firearm cases and more on FLexlaw
PER CURIAM.
The appellant challenges an order by which the trial court summarily denied the appellant’s Florida Rule of Criminal Procedure 3.850 motion for postconvietion relief. We conclude that the trial court erred in summarily denying the appellant’s claim that his trial counsel was ineffective for permitting him to plead to use of a firearm during the commission of a felony where his conviction of that offense violated his double jeopardy rights in light of his accompanying conviction of attempted second-degree murder with a firearm. See State v. Brown, 633 So. 2d 1059 (Fla. 1994); Mosely v. State, 679 So. 2d 287 (Fla. 1st DCA 1996); Wimberly v. State, 649 So. 2d 338 (Fla. 3d DCA 1995). The order is therefore reversed to the extent that it summarily denies this claim, and this ease is remanded to the trial court for further proceedings on the claim. The order is otherwise affirmed.
ERVIN, ALLEN and DAVIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Keshbro, Inc. v. City OF Miami, 801 So. 2d 864 (Fla. 2001)…pressly and directly conflicts with the decision in City of St. Petersburg v. Bowen, 675 So. 2d 626 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We also have for review the decision in City of St. Petersburg v. Kablinger, 730 So. 2d 409 (Fla. 2d DCA 1999), which certified conflict with the decision in City of Miami v. Keshbro, Inc., 717 So. 2d 601 (Fla. 3d DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have consolidated these cases for review. The question pose…
-
Harbiya K. Abu-Khadier v. THE City of Fort Myers (Fla. 2d DCA 2020)…noting the record showed "extensive and persistent drug and nuisance activity which had become inextricably intertwined with the Stardust's operation." Id. In contrast, the Keshbro court noted that the record in City of St. Petersburg v. Kablinger, 730 So. 2d 409 (Fla. 2d DCA 1999), did not support persistent - 5 - drug activity prior to the closure of an apartment complex. Keshbro, 801 So. 2d at 876- 77. In Kablinger, the closure was ordered because the apartment complex had been the site of "at least tw…
Authorities Cited
- State v. Brown, 633 So. 2d 1059 (Fla. 1994)
- Mosely v. State, 679 So. 2d 287 (Fla. 1st DCA 1996)
- Rodrick Wimberly v. State, 649 So. 2d 338 (Fla. 3d DCA 1995)