ALVIN HAYNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALVIN HAYNES, APPELLANT,
STATE OF FLORIDA, APPELLEE
828 So. 2d 457
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions except for appellant’s conviction for simple battery. Because appellant was convicted of battery of a law enforcement officer as a result of the very same act on which the simple battery conviction is based, the two convictions violate double jeopardy. Giles v. State, 763 So. 2d 1178 (Fla. 4th DCA 2000). We disagree with the state’s argument that appellant waived this issue by requesting the jury instruction on simple battery because double jeopardy is a fundamental error which can be raised for the first time on appeal. Go-ant v. State, 770 So. 2d 655, 658 n. 4 (Fla.2000). We therefore affirm on all issues except the conviction for simple battery which is reversed.
FARMER, KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tannihill v. State, 848 So. 2d 442 (Fla. 4th DCA 2003)…. See Fjord v. State, 634 So. 2d 714 (Fla. 4th DCA 1994). Contrary to the state’s assertions that the issue has been waived, a violation of double jeopardy is a fundamental error which can be raised for the first time on appeal. See Haynes v. State, 828 So. 2d 457, 458 (Fla. 4th DCA 2002); see also Rios v. State, 791 So. 2d 1208 (Fla. 5th DCA 2001)(convictions for sexual battery and lewd and lascivious act reversed based on double jeopardy even though appellant did not object to the sentencing error and did n…
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Dorsett v. State, 873 So. 2d 424 (Fla. 3d DCA 2004)…entencing error.” Therefore, Brannon and Rule 3.800(b)(2) are inapplicable to the present case. Even though the defendant failed to object to the dual convictions at trial, the defendant can properly raise this issue on appeal. See Haynes v. State, 828 So. 2d 457 (Fla. 4th DCA 2002)(holding that “double jeopardy is a fundamental error which can be raised for the first time on appeal”); Grene v. State, 702 So. 2d 510, 511 (Fla. 3d DCA 1997)(en banc)(“We treat the entry of the dual convictions as fundamental e…
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Hunsicker v. State, 881 So. 2d 1166 (Fla. 5th DCA 2004)…and voluntary waiver, may be raised for the first time on appeal.2 See State v. Johnson, 483 So. 2d 420, 422 (Fla.1986); Bar-field v. State, 871 So. 2d 929 (Fla. 5th DCA 2004); Tannihill v. State, 848 So. 2d 442 (Fla. 4th DCA 2003); Haynes v. State, 828 So. 2d 457, 458 (Fla. 4th DCA 2002); Rios v. State, 791 So. 2d 1208 (Fla. 5th DCA 2001); Ford v. State, 749 So. 2d 570, 571 (Fla. 5th DCA 2000); Rivera v. State, 745 So. 2d 343 (Fla. 4th DCA 1999); Grene v. State, 702 So. 2d 510 (Fla. 3d DCA 1996); Austin v. S…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- Giles v. State, 763 So. 2d 1178 (Fla. 4th DCA 2000)