ROYAL JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Unlawful Sexual Activity With A Minor cases and more on FLexlaw
FARMER, C.J.
The state concedes that defendant could not be adjudicated for both attempted first degree premeditated murder and attempted felony murder for the same killing. See Gordon v. State, 780 So. 2d 17 (Fla.2001) (noting that dual convictions for attempted premeditated murder and attempted felony murder violate double jeopardy). We accept the state’s concession. As the state apparently recognizes, this constitutional problem cannot be avoided by simply making the alternative ways to commit first degree murder an attempt rather than the completed act. We therefore reverse the attempted premeditated murder conviction.
We reject the double jeopardy argument as to the convictions involving sexual acts. The dual convictions for sexual battery and unlawful sexual activity with a minor involve different elements. Sexual battery requires a lack of consent and the use, or threat of use, of a weapon or the actual use of force likely to cause personal injury. Unlawful sexual activity with a minor does not involve any issue of consent or threats or force. Therefore, on all other issues we affirm defendant’s multiple convictions.
GUNTHER and TAYLOR, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 90 So. 3d 931 (Fla. 1st DCA 2012)…attempted premeditated first-degree murder and attempted felony murder are a violation of double jeopardy, but cites case law which addresses the merger principle. See Smith v. State, 973 So. 2d 1209, 1210-1211 (Fla. 2d DCA 2008); Jackson v. State, 868 So. 2d 1290, 1291 (Fla. 4th DCA 2004). As such, we review Appellant’s convictions for a double jeopardy violation under both the standard double jeopardy analysis and the principle of merger. I. Double Jeopardy Under the standard three-part double jeopardy an…
-
Wilkes v. State, 123 So. 3d 632 (Fla. 4th DCA 2013)…sues. Wilkes argues that to cure the double jeopardy issue, one of his murder convictions must be vacated — the remedy traditionally resorted to by Florida’s courts. See Coughlin v. State, 932 So. 2d 1224, 1226 (Fla. 2d DCA 2006); Jackson v. State, 868 So. 2d 1290, 1290 (Fla. 4th DCA 2004); Deangelo v. State, 863 So. 2d 374, 375 (Fla. 1st DCA 2003); Tucker v. State, 857 So. 2d 978, 980 (Fla. 4th DCA 2003). Here, the trial court sought to avoid the double jeopardy problem by entering judgment for both convicti…
-
Lakeary Heck v. State, 966 So. 2d 515 (Fla. 4th DCA 2007)…ooting of its clerk. Where, as here, there is a single death, dual convictions for attempted premeditated first degree murder and attempted first degree felony murder cannot stand. See Gordon v. State, 780 So. 2d 17, 25 (Fla.2001); Jackson v. State, 868 So. 2d 1290 (Fla. 4th DCA 2004); Tucker v. State, 857 So. 2d 978, 979-80 (Fla. 4th DCA 2003). The trial court sought to avoid the double jeopardy prob [*517] lem by entering judgment for both convictions and withholding the imposition of sentence for the attemp…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bryon Gordon v. State, 780 So. 2d 17 (Fla. 2001)