TYRONE DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TYRONE DAVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
775 So. 2d 427
Florida District Court of Appeal, Fifth District (2001)
Positive Treatment
Cited by 6 cases
Opinion of the Court
COBB, J.
The appellant, Tyrone Davis, was tried and convicted of robbery with a firearm and one count of grand theft, third degree. The grand theft was a lesser included offense of the robbery because there was a single taking. Taylor v. State, 751 So. 2d 659 (Fla. 5th DCA 1999), rev. denied, 770 So. 2d 161 (Fla.2000). This double jeopardy violation constitutes fundamental error. See Thomas v. State, 745 So. 2d 1119 (Fla. 5th DCA 1999); Sneed v. State, 749 So. 2d 545 (Fla. 4th DCA 2000). Accordingly, we reverse the judgment and sentence in regard to grand theft and remand for resentencing.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
PETERSON and PLEUS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 860 So. 2d 1058 (Fla. 5th DCA 2003)…inal history, and all other factors normally considered during sentencing. Without a new sentencing, however, we cannot be assured that Mr. Davis has been accorded his due process rights. REVERSED. PLEUS and PALMER, JJ., concur. . Davis v. State, 775 So. 2d 427 (Fla. 5th DCA 2001). . Davis v. State, 806 So. 2d 518 (Fla. 5th DCA 2001).…
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A.R.C. v. State, 777 So. 2d 1219 (Fla. 3d DCA 2001)…eed by confessing error, the adjudication of delinquency as to theft as charged in count III is vacated because it is improperly duplicative of the adjudication for strong-armed robbery of the same property as charged in count I. See Davis v. State, 775 So. 2d 427 (Fla. 5th DCA 2001); Taylor v. State, 751 So. 2d 659 (Fla. 5th DCA 1999), review denied, 770 So. 2d 161 (Fla.2000). The adjudication as to robbery is affirmed.…
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Barnes v. State, 881 So. 2d 738 (Fla. 5th DCA 2004)…can be raised for the first time on direct appeal or in postconviction proceedings. See Lippman v. State, 633 So. 2d 1061 (Fla.1994); State v. Johnson, 483 So. 2d 420 (Fla.1986); Barfield v. State, 871 So. 2d 929 (Fla. 5th DCA 2004); Davis v. State, 775 So. 2d 427 (Fla. 5th DCA 2001). As a result, we affirm Barnes’s conviction and sentence for robbery, but reverse his conviction and sentence for grand theft. We remand the matter to the trial court for resentencing. See Swilley v. State, 845 So. 2d 930 (Fla.…
Authorities Cited
- Sneed v. State, 749 So. 2d 545 (Fla. 4th DCA 2000)
- Thomas v. State, 745 So. 2d 1119 (Fla. 5th DCA 1999)
- Darris Taylor v. State, 751 So. 2d 659 (Fla. 5th DCA 1999)