ROBERT JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Johnson was convicted by jury of battery (as a lesser included offense) and aggravated battery arising from a single criminal episode. The court reversed the battery conviction on double jeopardy grounds, holding that dual convictions for offenses arising from the same continuous act violates the double jeopardy clause, and remanded for vacation of the battery conviction and resentencing.
The double jeopardy clause precludes dual convictions and sentences for battery and aggravated battery when both offenses arise from a single criminal act occurring in an uninterrupted sequence. The battery conviction must be vacated, the aggravated battery conviction affirmed, and the case remanded for resentencing based on a corrected guidelines scoresheet.
[1] The double jeopardy clause precludes the entry of judgment and sentence for multiple offenses arising from the same continuous criminal act or episode.
[2] When offenses arise from a single act occurring in an uninterrupted sequence, double jeopardy precludes dual convictions.
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Join FLexlaw to unlock all legal intelligence“We hold that the double jeopardy clause precludes the entry of judgment and sentence as to both charges and reverse with directions that the battery conviction be vacated.”
Establishes the core holding that dual convictions on related offenses violate double jeopardy
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Join FLexlaw to unlock all legal intelligenceJohnson was charged with attempted second degree murder and aggravated battery. Following a jury trial, he was found guilty of battery as a lesser inc…
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SHAHOOD, J.
Appellant was charged with attempted second degree murder and aggravated battery and was found guilty following a jury trial of battery as a lesser included offense of attempted second degree murder and aggravated battery as charged. The trial court sentenced appellant to a period of incarceration on each of the two charges. We hold that the double jeopardy clause precludes the entry of judgment and sentence as to both charges and reverse with directions that the battery conviction be vacated. See Hardy v. State, 705 So. 2d 979, 981 (Fla. 4th DCA 1998).
Appellee, without conceding error, acknowledges that the trial evidence in this case could be viewed as arising from the same continuous criminal act or episode. See Gresham, v. State, 725 So. 2d 419 (Fla. 4th DCA 1999). We agree, and hold that the acts in this case arose from a single act occurring in an uninterrupted sequence. Since the battery and aggravated battery offenses are out of a single episode and are part of the same offense, double jeopardy precludes dual convictions. See Gresham, 725 So. 2d 419, Campbell-Eley v. State, 718 So. 2d 327 (Fla. 4th DCA 1998). We therefore affirm the aggravated battery conviction and remand to the trial court to vacate the battery conviction and correct the guidelines scoresheet. See Hardy, 705 So. 2d at 981. Since we are unable to conclude that appellant’s sentence would have been the same had the trial court used a properly prepared scoresheet, we remand for resentencing. See Shabazz v. State, 674 So. 2d 920 (Fla. 4th DCA 1996).
Affirmed in part, reversed in part, and remanded with directions and for resentencing.
FARMER and HAZOURI, JJ., concur.
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Bertram L. Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007)…the trial court with directions to vacate one of the lewd and lascivious battery convictions and the lewd and lascivious conduct conviction and re-sentence Mr. Capron. See Olivard v. State, 831 So. 2d 823, 824 (Fla. 4th DCA 2002); Johnson v. State, 744 So. 2d 1221 (Fla. 4th DCA 1999). AFFIRMED IN PART; REVERSED IN PART; REMANDED. GRIFFIN and THOMPSON, JJ., concur. . Mr. Capron's failure to raise his double jeopardy challenge to his convictions and sentences at trial is not fatal to this Court's considerati…
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Erickson Olivard v. State, 831 So. 2d 823 (Fla. 4th DCA 2002)…tate, 705 So. 2d 979, 981 (Fla. 4th DCA 1998). Accordingly, we affirm appellant’s aggravated battery conviction, and remand this case to the trial court with directions to vacate the battery conviction and resentence appellant. See Johnson v. State, 744 So. 2d 1221 (Fla. 4th DCA 1999). AFFIRMED in part; REVERSED in part and REMANDED for resentencing. POLEN, C.J., FARMER and TAYLOR, JJ., concur. . Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).…
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Florida v. State, 855 So. 2d 109 (Fla. 4th DCA 2003)…rearm in count seven violated double jeopardy as the crimes involved the same victim and same act. See Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932), codified in § 775.021(4), Fla. Stat. (1995); Johnson v. State, 744 So. 2d 1221, 1221 (Fla. 4th DCA 1999); Gresham v. State, 725 So. 2d 419, 420 (Fla. 4th DCA 1999). We have held that where a defendant Mils a single victim with a series of murderous blows, it is a violation of due process to convict on both aggravated battery a…
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
- Hardy v. State, 705 So. 2d 979 (Fla. 4th DCA 1998)
- Campbell-Eley v. State, 718 So. 2d 327 (Fla. 4th DCA 1998)
- Gresham v. State, 725 So. 2d 419 (Fla. 4th DCA 1999)
- Abdullah Shabazz v. State, 674 So. 2d 920 (Fla. 4th DCA 1996)