SAMUEL RALPHEAL BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed Brown's conviction for attempted felony murder as a double jeopardy violation but affirmed his attempted second-degree murder conviction, and rejected his unpreserved challenge to the trial court's race-neutral findings on peremptory challenges.
Convictions for both attempted second-degree murder and attempted felony murder arising from a single attempt to cause death to a single victim violate double jeopardy, requiring the lesser conviction to be set aside on remand.
[1] Convictions for attempted second-degree murder and attempted felony murder arising from a single attempt to cause death to a single victim violate double jeopardy princip…
[2] A defendant fails to preserve a challenge to the trial court's race-neutral findings on peremptory challenges by failing to object at the time of the challenge to any def…
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Join FLexlaw to unlock all legal intelligenceBrown was convicted of both attempted second-degree murder and attempted felony murder based on a single incident involving an attempt to cause death …
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As the State properly concedes, Appellant’s convictions for both attempted second-degree murder and attempted felony murder violated double jeopardy principles. See Wilkes v. State, 123 So.3d 632, 634-35 (Fla. 4th DCA 2013) (holding that convictions of attempted murder and attempted felony murder, arising out of single attempt to cause death to single victim, violated double jeopardy). On remand, the trial court shall set aside the conviction for the lesser offense.
We further conclude that Appellant failed to preserve the issue of whether the trial court erred in failing to make a separate finding as to whether the State provided genuine race-neutral reasons in support of its exercise of two peremptory challenges. See, e.g., Spencer v. State, 196 So.3d 400, 406 (Fla. 2d DCA 2016) (holding that opponent of peremptory challenge, which was made pursuant to Melbourne, 1 must object to any deficiency, including pretext, at time of challenge); Ivy v. State, 196 So.3d 394, 398-99 (Fla. 2d DCA 2016) (holding that defendant failed to preserve issue of whether trial court erred in failing to make separate finding on issue of pretext after finding exercise of peremptory challenge to be race-neutral); Hanna v. State, 194 So.3d 424 (Fla. 3d DCA 2016) (joining the decisions of Spencer and Ivy).
AFFIRMED, in part; REVERSED, in part; REMANDED.
SAWAYA, EVANDER and WALLIS, JJ., concur.
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Geovani Johnson v. State, 45 Fla. L. Weekly S161 (Fla. 4th DCA 2018)
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Richardson v. State (Fla. 5th DCA 2024)
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State v. Geovani Johnson (Fla. 2020)
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
- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- Grimes v. Fam. Dollar Stores OF Fla., Inc., 194 So. 3d 424 (Fla. 3d DCA 2016)
- IVY v. State, 196 So. 3d 394 (Fla. 2d DCA 2016)
- Wilkes v. State, 123 So. 3d 632 (Fla. 4th DCA 2013)
- Hanna v. State, 194 So. 3d 424 (Fla. 3d DCA 2016)
- Tavares Wayntel Spencer, Jr. v. State, 196 So. 3d 400 (Fla. 2d DCA 2016)