KEVIN SANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed Sanders' attempted second-degree murder conviction but reversed three conspiracy convictions arising from a single agreement, requiring entry of judgment on only one conspiracy count and resentencing.
When multiple conspiracy counts arise from a single agreement, only one conspiracy conviction may stand, and the trial court must enter judgment on the count carrying the greatest sentence.
[1] When multiple conspiracy counts originate from a single agreement, they constitute a single conspiracy, and the trial court must enter judgment on only one count—the one…
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Join FLexlaw to unlock all legal intelligence“At the heart of any conspiracy is an agreement.... If there is but a single agreement, then there is but a single conspiracy even though it involves the commission of multiple crimes.”
Court citing Negron Gil de Rubio v. State to explain the single-agreement rule for conspiracy convictions.
Kevin Sanders was convicted on August 31, 2009, of attempted second-degree murder and three separate conspiracy counts for conspiracies to commit aggr…
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Kevin Sanders challenges his August 31, 2009, judgments and sentences for attempted second-degree murder and conspiracies to commit aggravated battery, aggravated assault, and armed burglary. We affirm his conviction and sentence for attempted second-degree murder without comment. Additionally, we conclude that the trial court did not err in denying Sanders’ motion for judgment of acquittal on the conspiracy charges; however, the State has properly conceded that because the three counts of conspiracy originated from a single agreement, we must reverse Sanders’ convictions and sentences on those three counts and remand the case to the trial court with instructions to enter a judgment for one count of conspiracy. See Negron Gil de Rubio v. State, 987 So.2d 217, 219 (Fla. 2d DCA 2008) (“At the heart of any conspiracy is an agreement.... If there is but a single agreement, then there is but a single conspiracy even though it involves the commission of multiple crimes.”).
Our reversal necessarily requires that Sanders be resentenced using a corrected scoresheet. We note that Negron Gil de Rubio indicates that the conspiracy offense with the greatest sentence is the count upon which the trial court should enter judgment and sentence. Id. We affirm in all other respects.
Affirmed in part, reversed in part, and remanded.
WHATLEY and MORRIS, JJ., Concur.
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Citator
Cited By
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Sanders v. State, 135 So. 3d 413 (Fla. 2d DCA 2014)…for attempted second-degree murder, but we reversed Mr. Sanders’ convictions and sentences on the three conspiracy counts, remanding to the trial court with instructions to enter a judgment and sentence for one count of conspiracy. Sanders v. State, 46 So. 3d 150 (Fla. 2d DCA 2010). It is now well established that, at least barring unusual circumstances, a defendant is entitled to relief in this context and is entitled to a new trial on the attempted homicide charge. See Pierce v. State, 121 So. 3d 1091 (Fl…
Authorities Cited
- Jose N. Negron GIL DE Rubio v. State, 987 So. 2d 217 (Fla. 2d DCA 2008)