RICHARD BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed. The appellant claims that a Richardson1 violation occurred when the state attorney notified him on the day of trial of a detective who would testify to an incriminating statement made by the appellant. The trial court, after inquiring into the circumstances, found no such violation since appellant’s prior counsel had knowledge of the presence of the witness and the defendant’s statement to him. See Ansley v. State, 302 So. 2d 797 (Fla. 1st DCA 1974). In addition, appellant’s counsel was able to take the deposition of the officer to whom the defendant made the statement, and he moved to suppress the statement prior to its admission at trial. Thus, despite finding no violation, the court took steps to cure any potential prejudice and surprise. We find no error in the trial court’s rulings.
We affirm as to the remaining points, particularly finding that no double jeopardy violation occurred in the conviction of carjacking and armed robbery. See Simboli v. State, 728 So. 2d 792, 793 (Fla. 5th DCA 1999), rev. denied, 741 So. 2d 1137 (Fla.1999).
WARNER, C.J., DELL and STONE, JJ., concur. . Richardson v. State, 246 So. 2d 771 (Fla.1971).
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Cruller v. State, 808 So. 2d 201 (Fla. 2002)…ments of proof. 2. Offenses which are degrees of the same offense as provided by statute. 3. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. . It is important to note that in Brown v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999), Mason v. State, 665 So. 2d 328 (Fla. 5th DCA 1995), Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995), and Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989), there are insufficient facts recited in the district court opinions…
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Butler v. State, 753 So. 2d 785 (Fla. 3d DCA 2000)…urts, has consistently held that double jeopardy does not bar convictions and sentences for both robbery and carjacking. See Cruller v. State, 745 So. 2d 512 (Fla. 3d DCA 1999); Consiglio v. State 743 So. 2d 1221 (Fla. 4th DCA 1999); Brown v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999); Simboli v. State, 728 So. 2d 792 (Fla. 5th DCA), rev. denied, 741 So. 2d 1137 (Fla.1999); Smart v. State, 652 So. 2d 448 (Fla. 3d DCA), rev. denied, 660 So. 2d 714 (Fla.1995); Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989).…
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Profitt v. State, 789 So. 2d 1194 (Fla. 4th DCA 2001)…ng. The sentencing court may impose such sentence concurrently or consecutively. Use of a single scoresheet to score each separate offense is error, where the crimes took place under different versions of sentencing guidelines. See Cooper v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999). Accordingly, to decide his Heggs claim, on remand the trial .court should have a 1994 sentencing guideline scoresheet prepared showing only those offenses from 1996, as they would have appeared on the lost scoresheet. For Prof…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- Barkett v. State, 728 So. 2d 792 (Fla. 1st DCA 1999)
- Ansley v. State, 302 So. 2d 797 (Fla. 1st DCA 1974)