DARRELL WAYNE BUTLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that convictions for both carjacking and robbery do not violate double jeopardy, even if they occur during a single criminal episode.
The defendant was convicted and sentenced for carjacking, robbery, and felony battery. He appealed, arguing that the convictions for carjacking and ro…
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[*786] PER CURIAM.
Darrell Wayne Butler (“defendant”) appeals his conviction and sentence for carjacking, robbery and felony battery. We affirm the conviction and sentence in all respects.
We write further, solely to address the defendant’s argument that the trial court erred in convicting and sentencing the defendant for the dual offenses of carjacking and robbery. The defendant contends that the offenses occurred during a single criminal episode and thus both convictions violate double jeopardy 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 (Fla. 3d DCA), rev. denied, 660 So. 2d 714 (Fla.1995); Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989). Accordingly, the defendant was properly convicted.
As we did in Cruller, we acknowledge that this decision conflicts with Ward v. State, 730 So. 2d at 728, and thus certify our conflict with the First District’s decision in that case.
Affirmed; conflict certified.
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Allems Victor v. State, 774 So. 2d 722 (Fla. 3d DCA 2000)…sheet. . The jury also convicted the defendant of sexual 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 (…
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Manny Harris v. State, 786 So. 2d 36 (Fla. 4th DCA 2001)…s consistent with other cases finding no double jeopardy violation where robbery and carjacking convictions arose from separate acts committed during the same criminal episode. See Victor v. State, 774 So. 2d 722 (Fla. 3d DCA 2000); Butler v. State, 753 So. 2d 785, 786 (Fla. 3d DCA), rev. granted, 767 So. 2d 454 (Fla. 2000); Cruller v. State, 745 So. 2d 512, 512 (Fla. 3d DCA 1999), rev. granted, 762 So. 2d 916 (Fla.2000); Simboli v. State, 728 [*38] So. 2d 792, 793 (Fla. 5th DCA 1999); Howard v. State, 723 So…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995)
- Barkett v. State, 728 So. 2d 792 (Fla. 1st DCA 1999)
- Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999)
- Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989)
- Consiglio v. State, 743 So. 2d 1221 (Fla. 4th DCA 1999)
- Cruller v. State, 745 So. 2d 512 (Fla. 3d DCA 1999)
- Brown v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999)
- Cooper v. State, 743 So. 2d 1213 (Fla. 4th DCA 1999)