ROBERT LASTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon our receipt of mandate from the supreme court following the opinion in State v. Laster; 24 Fla.
L. Weekly S203, 735 So. 2d 481 (Fla.1999), the appellant moved for reconsideration of one aspect of our earlier decision. In Laster v. State, 23 Fla.
L. Weekly D790, — So. 2d —, 1998 WL 129034 (Fla. 1st DCA March 24,1998), we affirmed both of the appellant’s armed robbery convictions despite his argument that the double jeopardy provisions of the constitution precluded conviction of more than one count of armed robbery under the facts of the case. Thereafter, the appellant’s codefendant, Jeremiah Butler, who was jointly tried with the appellant but before a different jury, secured relief on the same double jeopardy claim. See Butler v. State, 711 So. 2d 1183 (Fla. 1st DCA 1998). The appellee appropriately concedes that Butler and the appellant are “identically situated” for purposes of presenting the double jeopardy claim.
Accordingly, in the interest of justice, we now extend the appellant the same relief afforded to Butler. See Fla. R.App. P. 9.140(h). On remand the trial court is directed to vacate the judgment and sentence as to one of the armed robbery counts.
JOANOS, ALLEN and WEBSTER, JJ., CONCUR.
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Brumit v. State, 971 So. 2d 205 (Fla. 4th DCA 2007)…DCA 1998); Sigler v. State, 881 So. 2d 14 (Fla. 4th DCA 2004), aff'd, 967 So. 2d 835 (Fla.2007); Young v. State, 939 So. 2d 263 (Fla. 4th DCA 2006), and she asserts entitlement to the same relief provided to her co-defendant, Festa, Laster v. State, 739 So. 2d 150 (Fla. 1st DCA 1999) (holding that defendant was entitled to same relief on double jeopardy claim as that obtained by co-defendant who was jointly tried with defendant, though before a different jury). Habeas corpus filed in the appellate court is t…
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Jonas v. Fla. Dep't of Bus. & Prof'l Reg., 746 So. 2d 1261 (Fla. 3d DCA 2000)…cknowledge that statutes such as those at issue authorizing the imposition of discipline upon licensed contractors are in the nature of penal statutes, which should be strictly construed. See generally Loeffler v. Florida Dep’t of Bus. & Prof. Reg., 739 So. 2d 150, 152 (Fla. 1st DCA 1999); Haggerty v. Department of Bus. & Prof. Reg., 716 So. 2d 873, 876 (Fla. 1st DCA 1998). The ALJ recognized the applicability of section 455.227(2) as a general guideline but concluded that it must be tempered by the more res…
Authorities Cited
- State v. Laster, 735 So. 2d 481 (Fla. 1999)
- Butler v. State, 711 So. 2d 1183 (Fla. 1st DCA 1998)