JOHN AMIN A/K/A JOHN BAILEY, APPELLANT,

v.

FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Citator

Cited By

• Elozar v. State, 825 So. 2d 490 (Fla. 5th DCA 2002)
  …same property, taken at the same time as that which served as the basis for his robbery convictions and sentences, the state concedes error based upon principles of double jeopardy. See Sirmons v. State, 634 So. 2d 153 (Fla.1994); Sessler v. State, 740 So. 2d 587 (Fla. 5th DCA 1999). We find no merit in Elozar’s remaining points. Hence, we reverse his kidnapping convictions and sentences and his conviction and sentence for grand theft, and affirm his remaining convictions. AFFIRMED IN PART; REVERSED IN PAR…
• Darby v. State, 748 So. 2d 1069 (Fla. 5th DCA 1999)
  …harge. As the trial court verbally acknowledged during the sentencing hearing, Mr. Darby’s conviction on the charge of grand theft must be vacated; therefore, we remand this matter to the trial court with instructions to do so. See Sessler v. State, 740 So. 2d 587 (Fla. 5th DCA 1999); see also Hardy v. State, 705 So. 2d 979 (Fla. 4th DCA 1998). JUDGMENTS AFFIRMED in part; VACATED in part; CAUSE REMANDED. SENTENCES AFFIRMED. HARRIS and PETERSON, JJ„ concur.…
• Oliver v. State, 842 So. 2d 259 (Fla. 5th DCA 2003)
  …e of theft); Elozar v. State, 825 So. 2d 490 (Fla. 5th DCA 2002) (improper to convict defendant of grand theft and robbery of the same property taken at the same time from the same person as was conceded by the state in that case); Sessler v. State, 740 So. 2d 587 (Fla. 5th DCA 1999) (improper to convict defendant of both robbery with a firearm and grand theft for taking money from store clerk and taking pistol from the clerk at the same time). The state directed our attention to Taylor v. State, 751 So. 2d…

Authorities Cited

• Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
• Levine v. Dade Cnty. Sch. Bd., 442 So. 2d 210 (Fla. 1983)