JAMES CRULLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Finding no merit in the defendant’s contentions on appeal, we affirm his convictions and sentences for robbery without a firearm in violation of section 812.13, Florida Statutes (1995) and carjacking without a firearm in violation of section 812.133, Florida Statutes (1995).
Defendant and an accomplice robbed the victim in this case after following him home. While his accomplice pointed a gun at the victim’s head and demanded his car keys, defendant took the victim’s wallet out of his pocket. Both assailants then drove off in the stolen car. As in Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995), we find that under these circumstances the defendant was properly convicted for both of the separate offenses of robbery and carjacking. Nevertheless, because our decision conflicts with Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999), we certify our conflict with the majority’s decision in that case.
Affirmed; conflict certified.
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Cruller v. State, 808 So. 2d 201 (Fla. 2002)…HARDING, J. We have for review Cruller v. State, 745 So. 2d 512, 512 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the First District Court of Appeal’s decision in Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.…
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Butler v. State, 753 So. 2d 785 (Fla. 3d DCA 2000)…citing to Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999). We disagree. This Court, as well as other courts, 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…
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Allems Victor v. State, 774 So. 2d 722 (Fla. 3d DCA 2000)…battery and two counts of armed kidnapping. In this appeal defendant does not challenge the armed kidnapping convictions. . This court certified conflict with Ward in [*724] Butler v. State, 753 So. 2d 785 (Fla. 3d DCA 2000), and Cruller v. State, 745 So. 2d 512 (Fla. 3d DCA 1999), review granted, No. SC99-49, 762 So. 2d 916 (Fla. Mar. 28, 2000). See also Hayes v. State, 748 So. 2d 1042 (Fla. 3d DCA 1999), review granted, No. SC96813, 761 So. 2d 329 (Fla. Feb. 21, 2000); Smart v. State, 652 So. 2d 448 (Fla.…
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- Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995)
- Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999)