TERRANCE M. GARRISON
v.
STATE OF FLORIDA
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Aggravated assault is not a necessarily lesser included offense of armed robbery, and separate convictions for robbery with a firearm and aggravated assault with a firearm do not violate double jeopardy.
[1] Under Florida law, aggravated assault is not a necessarily lesser included offense of armed robbery, and therefore separate convictions for robbery with a firearm and agg…
Previewing 1 of 1 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“Since that clarification [in Taylor], the district courts have uniformly held that separate convictions for robbery with a firearm and aggravated assault with a firearm do not violate double jeopardy.”
Court citing Bell v. State to explain the settled law in Florida
Terrance M. Garrison petitioned for a writ of habeas corpus challenging convictions that included charges of armed robbery and aggravated assault.…
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him or her in the preparation of a defense or expose the accused after conviction or acquittal to substantial danger of a new prosecution for the same offense”).
RAY, C.J., and BILBREY and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.