CHARLES MICHAEL RAMSEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (92 total)

• Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
  …n the absence of any clearly discemable legislative intent, the court begins by using the test established in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), to assist in determining this intent. E.g., Houser v. State, 474 So. 2d 1193, 1196 (Fla.1985). Simply stated, the Blockburger test compares the elements of the crimes in question. If both have one element the other does not, then a presumption arises that the offenses are separate, a presumption that nevertheless can be defe…

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• State v. Smith, 547 So. 2d 613 (Fla. 1989)
  …s, too, is contrary to a pr e-Carawan case and accordingly impermissible under the majority’s holding. Mills, 476 So. 2d at 177. The same applies to convictions for both DWI manslaughter and vehicular homicide based on a single act. Houser v. State, 474 So. 2d 1193 (Fla.1985). Simultaneously, I am at a loss to say what is now the status of the large number of district court cases that, before Cara-wan, also decided that certain crimes with unique elements nevertheless could not result in separate punishments,…
• Hall v. State, 517 So. 2d 678 (Fla. 1988)
  …nd it unreasonable to conclude that “the legislature intended dual convictions for both homicide and the [aggravated battery] that caused the homicide without causing additional injury to another person or property.” Id. at 177. In Houser v. State, 474 So. 2d 1193 (Fla.1985), we held that the legislature did not intend to punish a defendant twice for a single homicide, stating: “The assumption underlying the Block-burger rule is that [the legislative body] ordinarily does not intend to punish the same offens…

Authorities Cited

• Jollie v. State, 405 So. 2d 418 (Fla. 1981)
• Fike v. State, 455 So. 2d 628 (Fla. 5th DCA 1984)
• Fike v. State, 474 So. 2d 1192 (Fla. 1985)
• Farrand Corp. v. Bystrom, 456 So. 2d 973 (Fla. 3d DCA 1984)