ANTHONY K. BALDWIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that dual convictions for burglary with assault while armed and aggravated assault with a firearm violate double jeopardy principles. The court also certified a question regarding the constitutionality of the Prison Releasee Reoffender Act.
Anthony Baldwin was convicted of first-degree burglary with assault while armed and aggravated assault with a firearm, and sentenced as a prison relea…
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LAWRENCE, J.
Anthony Baldwin (Baldwin) was charged and convicted of four offenses, including 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. Baldwin was sen tenced, under section 775.082(8), Florida Statutes (1997), as a prison releasee reof-fender. Baldwin challenges section 775.082(8) on various constitutional grounds which have been rejected by this court in Turner v. State, 745 So. 2d 535 (Fla. 1st DCA 1999), and Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted, 740 So. 2d 529 (Fla.1999); Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998), review denied, 727 So. 2d 909 (Fla.1999). As in Woods, we certify the following question to the Florida Supreme Court as one of great public importance:
DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?
Baldwin also 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, Baldwin’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 Baldwin’s conviction for aggravated assault. We affirm in all other respects.
BARFIELD, C.J., and BROWNING, J., concur. . Baldwin 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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Tambriz-Ramirez v. State, 248 So. 3d 1087 (Fla. 2018)…2015), McGhee v. State , 133 So. 3d 1137 (Fla. 5th DCA 2014), Green v. State , 120 So. 3d 1276 (Fla. 1st DCA 2013), Estremera v. State , 107 So. 3d 511 (Fla. 5th DCA 2013), White v. State , 753 So. 2d 668 (Fla. 1st DCA 2000), and Baldwin v. State , 790 So. 2d 434 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons we explain, we approve the Fourth District's decision in Tambriz-Ramirez and disapprove the conflicting decisions to the extent that they conflict with thi…1 / 2
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Tambriz-Ramirez v. State, 213 So. 3d 920 (Fla. 4th DCA 2017)…jeopardy. In reaching this conclusion, these courts may have relied on the fact the defendant was charged and convicted of using or being armed with a firearm as to both the burglary and aggravated assault offenses. For example, in Baldwin v. State, 790 So. 2d 434, 435 (Fla. 1st DCA 2000), the First District held: 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, Baldwin’s dual convictions are in v…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998)
- Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999)
- Henderson v. State, 727 So. 2d 284 (Fla. 2d DCA 1999)
- Turner v. State, 745 So. 2d 535 (Fla. 1st DCA 1999)