JEREMY J. MARUSKA
v.
STATE
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A robbery conviction cannot be sustained when it fails to meet the applicable standard of review, but a first-degree premeditated murder conviction may be affirmed on the same record.
[1] A robbery conviction may be reversed on appeal when it cannot be sustained under the applicable standard of review, even when other convictions in the same case are affir…
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Join FLexlaw to unlock all legal intelligenceJeremy John Maruska was convicted of first-degree premeditated murder, felony murder, and robbery with a deadly weapon. He appealed his judgment and s…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEREMY JOHN MARUSKA,
Appellant,
v. Case No. 5D16-3317
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed June 1, 2018
Appeal from the Circuit Court for Volusia County, Leah R. Case, Judge.
Marie-Louise Samuels Parmer, of Samuels Parmer Law Firm PA, Tampa, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Jeremy John Maruska appeals his judgment and sentence for first-degree premeditated and felony murder and robbery with a deadly weapon. We agree that the robbery conviction cannot be sustained under our standard of review and accordingly reverse the judgment and concurrent life sentence on that charge. We affirm the judgment and sentence on the first-degree premeditated murder conviction.
AFFIRMED in part; REVERSED in part.
COHEN, C.J., SAWAYA and LAMBERT, JJ., concur.