TIMOTHY T. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Timothy T. Smith appeals his convictions of felony battery and improper exhibition of a weapon and his sentence as a habitual violent felony offender. We affirm the convictions without discussion. Because the State did not present sufficient proof of a qualifying prior conviction, we reverse the habitual violent felony offender sentence. On remand, the state may again seek a habitual violent felony offender sentence as long as all the requirements of section 775.084, Florida Statutes are met. State v. Collins, 985 So. 2d 985, 2008 WL 2277513 (Fla. June 5, 2008).
AFFIRMED in part, REVERSED in part, and REMANDED.
BARFIELD, WEBSTER, and LEWIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Latimer v. State, 44 So. 3d 1239 (Fla. 5th DCA 2010)…63 So. 2d 418, 419 n. 3 (Fla. 5th DCA 2000), we conclude that the convictions for both robbery and simple assault cannot stand. Cf. Young v. State, 43 So. 3d 876 (Fla. 5th DCA 2010); West v. State, 21 So. 3d 916 (Fla. 5th DCA 2009); Bracey v. State, 985 So. 2d 704 (Fla. 5th DCA 2008); Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999). Accordingly, we reverse the assault conviction and remand with instructions that the assault conviction and sentence be vacated. AFFIRMED in part; REVERSED in part; and REMAND…
-
Young v. State, 43 So. 3d 876 (Fla. 5th DCA 2010)…Reardon, 763 So. 2d 418, 419 n. 3 (Fla. 5th DCA 2000). Convictions for both burglary with a battery and for the lesser included offense of battery violate double jeopardy. See, e.g., West v. State, 21 So. 3d 916 (Fla. 5th DCA 2009); Bracey v. State, 985 So. 2d 704 (Fla. 5th DCA 2008). The facts in this case, as acknowledged by the State, are almost indistinguishable from the factual scenario addressed in Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999). There, the jury similarly found the defendant guilty o…
-
West v. State, 21 So. 3d 916 (Fla. 5th DCA 2009)…s have consistently held that convictions for burglary with a battery in violation of section 810.02(2)(a), Florida Statutes (2006), and battery in violation of section 784.03(l)(a), Florida Statutes (2006), violate double jeopardy. Bracey v. State, 985 So. 2d 704, 705 (Fla. 5th DCA 2008); Lewis v. State, 740 So. 2d 82, 82 (Fla. 3d DCA 1999); Lyles v. State, 724 So. 2d 138, 138 (Fla. 1st DCA 1998); Bradley v. State, 540 So. 2d 185, 187 (Fla. 5th DCA 1989); Spradley v. State, 537 So. 2d 1058,1061 (Fla. 1st DCA…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Despart v. State, 884 So. 2d 328 (Fla. 5th DCA 2004)
- State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)