JOHN WILLIE RICH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Willie Rich was convicted of both exploitation of the elderly and grand theft based on a single act of taking property. The Florida Second District Court of Appeal reversed the grand theft conviction, holding that dual convictions for these offenses violate double jeopardy principles because the exploitation statute does not require any element not found in the grand theft statute.
The court agreed that dual convictions for grand theft and exploitation of the elderly based on a single act violate double jeopardy. The grand theft conviction was reversed, and the exploitation of the elderly conviction was affirmed but remanded for resentencing.
[1] Convictions for both grand theft and exploitation of the elderly violate double jeopardy when both convictions are based on one act of taking the same property.
[2] When determining the constitutionality of multiple convictions for offenses arising from the same criminal transaction, courts first ascertain whether the legislature int…
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Join FLexlaw to unlock all legal intelligence“The prevailing standard for determining the constitutionality of multiple convictions for offenses arising from the same criminal transaction is whether the Legislature 'intended to authorize separate punishments for the two crimes.'”
Establishes the foundational two-step test for analyzing whether multiple convictions violate double jeopardy
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Join FLexlaw to unlock all legal intelligenceRich was convicted of exploitation of the elderly and grand theft, receiving concurrent sentences of ten years' imprisonment. Both convictions arose f…
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GREEN, Judge.
John Willie Rich appeals the trial court’s judgment adjudicating him guilty of exploitation of the elderly and grand theft for which he received concurrent sentences of ten years’ imprisonment. Five points have been raised on appeal, only one of which merits discussion. Mr. Rich asserts his convictions for grand theft and exploitation of the elderly violate principles of double jeopardy and requests that we reverse the conviction for grand theft. We agree and grant relief.
When the trial court sentenced Mr. Rich, it did not have the benefit of the decision in Thomason v. State, 790 So. 2d 1189 (Fla. 4th DCA 2001), in which the Fourth District held that convictions for both grand theft and exploitation of the elderly violate double jeopardy when both convictions are based on one act of taking the same property.1 In Williams v. State, 823 So. 2d 145 (Fla. 5th DCA 2002), the Fifth District considered this same issue and agreed that dual convictions for grand theft and exploitation of the elderly violate double jeopardy. The State acknowledges the decision in Thomason but contends that Thomason was wrongly decided because the court applied the Blockburger
test codified in section 775.021(4), Florida Statutes (1999), to determine whether the offenses were separate without first considering whether the legislature intended to authorize separate punishments for the two crimes in question.
“The prevailing standard for determining the constitutionality of multiple convictions for offenses arising from the same criminal transaction is whether the Legislature ‘intended to authorize separate punishments for the two crimes.’ ” Gordon v. State, 780 So. 2d 17, 19 (Fla.2001) (quoting M.P. v. State, 682 So. 2d 79, 81 (Fla.1996)). If there is no clear statement of legislative intent to authorize separate punishments for two crimes, courts apply the Blockburger test codified in section 775.021(4), to determine whether separate offenses exist. Id. at 19-20. The State argues that application of the Blockburger test is not warranted in this case because the legislature clearly intended separate punishments for the crimes of grand theft and exploitation of the elderly.
We have reviewed the exploitation statute, section 825.103, Florida Statutes (1999), and the staff analysis of the bill which enacted the statute. See Fla. H.R. Comm, on Aging & Human Servs., H.B. 79, Bill Analysis and Economic Impact Statement-(Final July 11,1995). Neither the exploitation statute nor the staff analysis which preceded its passage provides a statement of legislative intent to authorize separate punishments for exploitation of the elderly and grand theft. In the absence of a clear statement of legislative intent, courts must apply the Block-burger “same elements” test to determine whether multiple punishments violate double jeopardy. Gordon, 780 So. 2d at 19-20. Accordingly, we agree with Thomason’s application of that test and with its conclusion that the two offenses are not separate because although the exploitation statute contains elements not found in the grand theft statute, the grand theft statute does not contain any element not included in the exploitation statute.
We therefore reverse the conviction and sentence for grand theft! Wé also reverse the sentence for exploitation of the elderly and remand for recalculation of a proper sentence!'
Affirmed in part, reversed in part, and remanded for resentencing on the conviction for exploitation of the elderly.
’ SALCINES and KELLY, JJ., Concur. . While more than one larcenous incident took place in the instant case, the two counts and subsequent convictions were based on only one of those incidents.
. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).
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Citator
Cited By
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Mollie Everett v. State, 831 So. 2d 738 (Fla. 4th DCA 2002)…90 So. 2d 1189 (Fla. 4th DCA 2001), this court held that dual convictions for exploitation of the elderly and grand theft violated double jeopardy where, as here, the crimes charged involved one act of taking the same property. Accord Rich v. State, 823 So. 2d 208 (Fla. 2d DCA 2002); Williams v. State, [*743] 823 So. 2d 145 (Fla. 5th DCA 2002). In Rich, the Second District wrote: We have reviewed the exploitation statute, section 825.108, Florida Statutes (1999), and the staff analysis of the bill which enac…
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Edner Yeye v. State, 37 So. 3d 324 (Fla. 4th DCA 2010)…mes.’ ” M.P. v. State, 682 So. 2d 79, 81 (Fla.1996) (citation omitted). Absent a clear statement of legislative intent to authorize multiple punishments for two separate crimes, courts employ the Blockburger 1 or “same-elements” test. Rich v. State, 823 So. 2d 208, 209 (Fla. 2d DCA 2002); see also Gaber v. State, 684 So. 2d 189, 192 (Fla.1996) (“[A]bsent an explicit statement of legislative intent to authorize separate punishments for two crimes, application of the Blockburger ‘same-elements’ test pursuant to…
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State v. Kelley, 109 So. 3d 316 (Fla. 2d DCA 2013)…ccounts were charged as one episode. And, as a result, the acquittal on the theft charge “negated the necessary element of theft in the exploitation count,” making the two legally interlocking. See Everett, 831 So. 2d at 743; see also Rich v. State, 823 So. 2d 208, 209 (Fla. 2d DCA 2002); Cappalo, 932 So. 2d at 334. “Consequently, there could be no conviction on the exploitation charge, which was based on the underlying grand theft.” Everett, 831 So. 2d at 743; see also Cappalo, 932 So. 2d at 334 (“Because ‘t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Bryon Gordon v. State, 780 So. 2d 17 (Fla. 2001)
- M.P. v. State, 682 So. 2d 79 (Fla. 1996)
- Thomason v. State, 790 So. 2d 1189 (Fla. 4th DCA 2001)
- Smith v. State, 823 So. 2d 145 (Fla. 3d DCA 2002)
- Williams v. State, 823 So. 2d 145 (Fla. 5th DCA 2002)