ALONZA W. JACOBS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Goodman v. State, 801 So. 2d 1012 (Fla. 4th DCA 2001)
  …firm his conviction for resisting arrest with violence. We further hold that a defendant cannot be convicted for both resisting arrest with violence and resisting arrest without violence arising out of a continuous single episode. Preston v. State, 785 So. 2d 713 (Fla. 4th DCA 2001) (violates double jeopardy). We therefore remand to the circuit court, with directions to vacate Goodman’s conviction for resisting arrest without violence. KLEIN and SHAHOOD, JJ., concur.…
• D.A.R. v. State, 22 So. 3d 850 (Fla. 4th DCA 2009)
  …an striking him. Id. We held that the defendant’s convictions for resisting arrest with violence and resisting arrest without violence violated double jeopardy because they arose out of a single continuous episode. Id. at 1014; see Preston v. State, 785 So. 2d 713, 713 (Fla. 4th DCA 2001); Madison v. State, 777 So. 2d 1175, 1176 (Fla. 5th DCA 2001) (“[A] continuous resistance to the ongoing attempt to effect a defendant’s arrest constitutes a single instance of resisting an officer.”). Reversed and remand…
• Walker v. State, 790 So. 2d 1200 (Fla. 5th DCA 2001)
  …n habitual offender. Consistent with Apprendi’s language excluding recidivism from its holding, Florida courts, including this district, have uniformly held that an habitual offender sentence is not subject to an Apprendi challenge. Jacobs v. State, 785 So. 2d 713 (Fla. 4th DCA 2001); Morant v. State, 785 So. 2d 665 (Fla. 3d DCA 2001); Simmons v. State, 782 So. 2d 1000 (Fla. 4th DCA 2001); Gray v. State, 780 So. 2d 1042 (Fla. 4th DCA 2001); Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001). We affirm Walke…

Authorities Cited

• Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
• Daniels v. State, 780 So. 2d 1042 (Fla. 4th DCA 2001)
• Gray v. State, 780 So. 2d 1042 (Fla. 4th DCA 2001)