JOHN THOMAS SCHNEIDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed. See Hoover v. State, 530 So. 2d 308 (Fla.1988); Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004), review denied, 914 So. 2d 952 (Fla.2005); Campbell v. State, 884 So. 2d 190 (Fla. 2d DCA 2004); Diaz v. State, 810 So. 2d 1023 (Fla. 2d DCA 2002); Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001); Schneider v. State, 788 So. 2d 1073 (Fla. 2d DCA 2001); Villavicencio v. State, 719 So. 2d 322 (Fla. 3d DCA 1998).
Contrary to the holding of this court in Burrows, the First District in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), on collateral review applied the United States Supreme Court decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), retroactively to a sentence that became final before the issuance of the Blakely opinion.
As this court did in Hughes v. State, 933 So. 2d 1285 (Fla. 2d DCA 2006), we certify direct conflict with Isaac.
Affirmed; conflict certified.
DAVIS, KELLY, and LaROSE, JJ., concur.
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Gorham v. State, 968 So. 2d 717 (Fla. 4th DCA 2007)…ntry. Where there is but one entry, dual convictions for burglary cannot stand. Trotman v. State, 545 So. 2d 890, 891 (Fla. 4th DCA 1989). It is the number of entries that triggers the burglary charges, not the number of victims. See Grubb v. State, 940 So. 2d 1168, 1170 (Fla. 2d DCA 2006). Therefore, because Gorham’s dual convictions for burglary of a conveyance with an assault or [*719] battery constitute double jeopardy, we reverse and remand for the trial court to vacate one of the two burglary convictions…
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Renaldo Gary Coleman v. State, 956 So. 2d 1254 (Fla. 2d DCA 2007)…ed the same statutory offense under section 810.02, Florida Statutes (1979).” 436 So. 2d at 46. This court has also concluded that multiple burglary convictions based upon a single forced entry violate double jeopardy principles. See Grubb v. State, 940 So. 2d 1168, 1169 (Fla. 2d DCA 2006) (involving convictions for armed burglary of a dwelling and burglary of a dwelling with an assault or battery); Chambers v. State, 924 So. 2d 975, 976 (Fla. 2d DCA 2006) (reiterating that “convictions for both armed burglary…
Authorities Cited (12 total)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001)
- Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004)
- Campbell v. State, 884 So. 2d 190 (Fla. 2d DCA 2004)
- Hoover v. State, 530 So. 2d 308 (Fla. 1988)
- Burrows v. State, 914 So. 2d 952 (Fla. 2005)
- Villavicencio v. State, 719 So. 2d 322 (Fla. 3d DCA 1998)
- Schneider v. State, 788 So. 2d 1073 (Fla. 2d DCA 2001)
- Kimball v. State, 933 So. 2d 1285 (Fla. 2d DCA 2006)