ERIC MCKINNEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Valdez v. State, 915 So. 2d 636 (Fla. 2d DCA 2005)
  …deadly weapon. We agree with this assertion and reverse Hawkins’- conviction on one charge of burglary because the two counts constituted the same statutory offense under section 810.02, Florida Statutes (1979). More recently, in McKinney v. State, 860 So. 2d 452 (Fla. 1st DCA 2003), the First District reviewed jury verdicts and convictions for both burglary of a dwelling with an assault and for armed burglary of a dwelling and concluded that the dual burglary convictions could not stand because there was on…
• Williams v. State, 927 So. 2d 145 (Fla. 1st DCA 2006)
  …concurrent sentences, where both burglary charges arose from a single entry of the dwelling and involved only one victim. See Hawkins v. State, 436 So. 2d 44, 46 (Fla.1983); Valdez v. State, 915 So. 2d 636, 637 (Fla. 2d DCA 2005); McKinney v. State, 860 So. 2d 452 (Fla. 1st DCA 2003); Docanto v. State, 811 So. 2d 790 (Fla. 4th DCA 2002); Trotman v. State, 545 So. 2d 890, 891 (Fla. 4th DCA 1989) (holding that defendant could not be convicted of two counts of first-degree burglary, one count based on assault an…
• Avalon Kevin Jones v. State, 923 So. 2d 1259 (Fla. 1st DCA 2006)
  …rt’s denial of his motion to withdraw his plea filed pursuant to Florida Rule of Criminal Procedure 3.170(i). He properly asserts that the trial court erred in not appointing conflict-free counsel for the hearing on the motion. See Bullard v. State, 860 So. 2d 452 (Fla. 1st DCA 2003). Accordingly, the order denying appellant’s motion to withdraw the plea is reversed, and the case is remanded for appointment of conflict-free counsel and for a new hearing on appellant’s motion. BARFIELD, WOLF, and BROWNING,…

Authorities Cited

• Hawkins v. State, 436 So. 2d 44 (Fla. 1983)
• Adaberto Docanto v. State, 811 So. 2d 790 (Fla. 4th DCA 2002)