ROBERT GORHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Robert Gorham appeals his convictions for burglary of a conveyance with assault or battery, aggravated assault with a deadly weapon, and attempted aggravated battery. The court reversed one of two burglary convictions because dual convictions based on a single entry violate double jeopardy and remanded for recalculation of sentencing.
Dual convictions for burglary cannot stand where there is but one entry, regardless of the number of victims; the number of entries, not the number of victims, triggers burglary charges. The court affirmed the trial court's finding that Gorham would not have accepted the five-year plea offer even if it had been conveyed, thus rejecting the ineffective assistance of counsel claim.
[1] Dual convictions for burglary cannot stand where there was but one entry, regardless of the number of victims.
[2] A defendant claiming ineffective assistance of counsel for failure to relay a plea offer must allege that they would have accepted the offer and that it would have result…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because dual convictions for burglary cannot stand where there was but one entry, we reverse one of Gorham's two convictions for burglary of a conveyance with an assault or battery and remand for a recalculation of appellant's scoresheet based on one count of burglary instead of two counts.”
The court's holding on the primary issue that dual convictions violate double jeopardy principles when based on a single entry.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGorham was charged with and convicted of two counts of burglary of a conveyance with an assault or battery. Both convictions were based on a single en…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Attempted Aggravated Battery cases and more on FLexlaw
PER CURIAM.
We grant appellant’s motion for clarification, withdraw our previous opinion issued on October 10, 2007, and substitute the following in its place.
Appellant, Robert Gorham, appeals his convictions and sentence for two counts of burglary of a conveyance with an assault or battery, aggravated assault with a deadly weapon, and attempted aggravated battery. Because dual convictions for burglary cannot stand where there was but one entry, we reverse one of Gorham’s two convictions for burglary of a conveyance with an assault or battery and remand for a recalculation of appellant’s scoresheet based on one count of burglary instead of two counts. We affirm in all other respects.
Gorham was charged and found guilty of two counts of burglary of a conveyance with an assault or battery. Gor-ham’s convictions are based on a single entry but involved two different victims. Gorham correctly argues that dual convictions for burglary violate the constitutional prohibition against double jeopardy if they are based on a single entry. 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 battery constitute double jeopardy, we reverse and remand for the trial court to vacate one of the two burglary convictions and sentences.
As to Gorham’s argument that he was denied effective assistance of counsel guaranteed by the Sixth Amendment because his counsel did not inform him that the State had offered a five-year plea offer, we affirm as the record of the hearing held by the trial court on this issue supports the trial court’s finding that Gorham would not have taken the five-year offer had it been conveyed. Cottle v. State, 733 So. 2d 963, 966 (Fla.1999)(holding that a claim of ineffective assistance of counsel based on allegations that counsel failed to properly advise the defendant about plea offers by the State must allege the following to make a prima facie case: (1) counsel failed to relay plea offer, (2) defendant would have accepted it, and (3) the plea offer would have resulted in a lesser sentence).
We affirm the other convictions as the issues raised are not errors, and if erroneous, would be harmless error. Affirmed in part, reversed in part, and remanded.
GUNTHER, WARNER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gorham v. State, 988 So. 2d 152 (Fla. 4th DCA 2008)…Fla. 2d DCA 1984) (noting that except in emergency situations rule contemplates that sentence be imposed by trial judge). SHAHOOD, C.J., WARNER and FARMER, JJ., concur. . Gorham’s motion was denied following this court’s remand in Gorham v. State, 968 So. 2d 717 (Fla. 4th DCA 2007). The proceedings following remand appear to have been heard by a different judge than initially imposed sentence in this case. . Gorham's motion notes that the sentencing judge repeatedly stated during the sentencing hearing tha…
-
Jarod Theophile v. State, 78 So. 3d 574 (Fla. 4th DCA 2011)…, 2011. We write to clarify that the relief on remand should include recalculation of the scoresheet on appellant’s remaining conviction for possession of a concealed firearm. See Vroom v. State, 48 So. 3d 82, 84 (Fla. 2d DCA 2010); Gorham v. State, 968 So. 2d 717, 718 (Fla. 4th DCA 2007). Accordingly, we add the following sentence to the end of the majority opinion: “We reverse and remand with directions to vacate the defendant’s conviction for robbery with a firearm, recalculate the scoresheet to reflect th…
-
Gorham v. State, 993 So. 2d 128 (Fla. 4th DCA 2008)…d Gorham guilty of two counts of burglary with an assault or battery, based on Gorham’s acts against the two separate victims, on direct appeal, this court found that only one count of burglary could be sustained under these facts. Gor-ham v. State, 968 So. 2d 717 (Fla. 4th DCA 2007). This court recently ordered Gorham resentenced because this burglary offense did not qualify for the prison releasee reoffender sanction. Gorham v. State, 988 So. 2d 152 (Fla. 4th DCA 2008).…
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
- Cottle v. State, 733 So. 2d 963 (Fla. 1999)
- Earnest Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989)
- Schneider v. State, 940 So. 2d 1168 (Fla. 2d DCA 2006)