DocketNumber: 94-2055
Citation Numbers: 652 So. 2d 448
Judges: Schwartz, C.J., and Barkdull and Baskin
Filed Date: 3/22/1995
Status: Precedential
Modified Date: 3/3/2016
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
SCHWARTZ, Chief Judge.
Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant's sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993). See § 775.021, Fla. Stat. (1993). Compare Sirmons v. State, 634 So.2d 153 (Fla. 1994) (double jeopardy precludes separate convictions and sentences for armed robbery and theft of same vehicle); Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994) (double jeopardy precludes convictions and sentences for multiple counts of armed robbery when acts of taking were part of one comprehensive transaction to confiscate the sole victim's property); Nordelo v. State, 603 So.2d 36, 38 (Fla. 3d DCA 1992) (same).
Affirmed.
Sirmons v. State , 634 So. 2d 153 ( 1994 )
Fraley v. State , 641 So. 2d 128 ( 1994 )
Cruller v. State , 808 So. 2d 201 ( 2002 )
Cruller v. State , 745 So. 2d 512 ( 1999 )
Victor v. State , 774 So. 2d 722 ( 2000 )
Baptiste-Jean v. State , 979 So. 2d 1091 ( 2008 )
Ward v. State , 730 So. 2d 728 ( 1999 )
Simboli v. State , 728 So. 2d 792 ( 1999 )
Russell v. State , 676 So. 2d 1026 ( 1996 )
Howard v. State , 723 So. 2d 863 ( 1998 )