FENTRISS ROYCE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Dual convictions for burglary with assault while armed and aggravated assault with a firearm violate double jeopardy.
Defendant was convicted of first-degree burglary of a dwelling with assault while armed with a firearm and aggravated assault with a firearm. He appea…
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PER CURIAM.
Fentriss White (White) was charged and convicted of one count of first degree burglary of a dwelling with assault while armed with a firearm,1 and one count of aggravated assault with a firearm. White raises several issues on appeal, only one of which merits discussion.
White challenges his dual convictions on the grounds that the convictions violate the prohibition against double jeopardy. Because all of the elements of the crime of aggravated assault with a firearm are contained within the crime of burglary with assault while armed with a firearm, WTiite’s dual convictions are in violation of the prohibition against double jeopardy. Henderson v. State, 727 So. 2d 284 (Fla. 2d DCA 1999). Accordingly, we reverse with instructions to vacate WTiite’s conviction for aggravated assault. We affirm in all other respects.
REVERSED in part and AFFIRMED in part.
BARFIELD, C.J., LAWRENCE and BROWNING, JJ., CONCUR. . White was charged and convicted, in one count, of committing first degree burglary by committing armed burglary with a firearm in violation of section 810.02(2)(b), Florida Statutes (1997), and by committing burglary with an assault or battery in violation of section 810.02(2)(a), Florida Statutes.
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Edgardo Estremera v. State, 107 So. 3d 511 (Fla. 5th DCA 2013)…with a firearm on the grounds that the convictions violate double jeopardy. “[A]ll of the elements of the crime of aggravated assault with a firearm are contained within the crime of burglary with assault while armed with a firearm.” White v. State, 753 So. 2d 668, 669 (Fla. 1st DCA 2000). Thus, the State has properly conceded error with regard to Estremera’s dual convictions for aggravated assault with a firearm and burglary with assault while armed with a firearm, and one of Estrem-era’s aggravated assault…
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McGHEE v. State, 133 So. 3d 1137 (Fla. 5th DCA 2014)…me of burglary with an assault while armed with a firearm, convictions for both the burglary and the aggravated assault violate the prohibition against double jeopardy.” (citing Estremera v. State, 107 So. 3d 511 (Fla. 5th DCA 2013); White v. State, 753 So. 2d 668, 669 (Fla. 1st DCA 2000))); see also Babrow v. State, 62 So. 3d 1205, 1206 (Fla. 4th DCA 2011). The conviction for battery must also be reversed because a conviction for both burglary with an assault or battery and simple battery arising from the s…
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Green v. State, 120 So. 3d 1276 (Fla. 1st DCA 2013)…ggravated assault with a firearm are contained within the crime of burglary with an assault while armed with a firearm, convictions for both the burglary and the aggravated assault violate the prohibition against double jeopardy. See White v. State, 753 So. 2d 668, 669 (Fla. 1st DCA 2000); Estremera v. State, 107 So. 3d 511 (Fla. 5th DCA 2013). The State properly concedes error regarding the dual convictions for burglary with an assault while armed with a firearm and aggravated assault upon K.J. (Counts III…
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- Henderson v. State, 727 So. 2d 284 (Fla. 2d DCA 1999)