MICHAEL EVERETT MILLER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Davis v. State, 74 So. 3d 1096 (Fla. 1st DCA 2011)
  …tat. (2009), with § 812.135(1), Fla. Stat. (2009); see Bowers v. State, 679 So. 2d 340, 341 (Fla. 1st DCA 1996); Elmy v. State, 667 So. 2d 392, 392 (Fla. 1st DCA 1995); Perez v. State, 951 So. 2d 859, 859-60 (Fla. 2d DCA 2006); cf. Coleman v. State, 956 So. 2d 1254, 1257 (Fla. 2d DCA 2007) (holding that “multiple burglary convictions based upon a single forced entry violate double jeopardy principles”); McAllister v. State, 718 So. 2d 917, 918 (Fla. 5th DCA 1998) (recognizing home-invasion robbery as a form of…
• Adel'b Schulterbrandt v. State, 984 So. 2d 542 (Fla. 2d DCA 2008)
  …rounds, finding the offense “subsumed by the greater offense of armed home invasion robbery.” Convictions for home-invasion robbery and burglary based on a single criminal episode violate double jeopardy. Id. at 859. Similarly, in Coleman v. State, 956 So. 2d 1254, 1255 (Fla. 2d DCA 2007), we reversed and remanded the defendant’s convictions for home-invasion robbery, burglary of a dwelling with assault and battery, and armed burglary of a dwelling based on a single criminal episode because they violated doub…
• Tuttle v. State, 137 So. 3d 393 (Fla. 2d DCA 2014)
  …e, the conviction for armed burglary must be vacated. Id. at 544. In reaching this conclusion, this court relied on two of its earlier cases which reached the same conclusion: Perez v. State, 951 So. 2d 859 (Fla. 2d DCA 2006), and Coleman v. State, 956 So. 2d 1254 (Fla. 2d DCA 2007), as well as the Fifth Dis [*396] trict’s decision in McAllister, 718 So. 2d at 918, and the Fourth District’s decision in Black v. State, 677 So. 2d 22 (Fla. 4th DCA 1996). Each of these cases relied on the language of section 775…

Authorities Cited

• State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001)