DETAVIOUN D. INGRAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that convictions for both robbery with a deadly weapon and grand theft violate double jeopardy when the property taken is the basis for both charges.
The defendant crashed a party, pulled a gun when asked to leave, and an intruder took a guest's chain while the defendant used his gun to prevent its …
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MAY, J.
The defendant appeals his conviction and sentence for robbery with a deadly weapon, grand theft, and aggravated assault. He argues that the convictions for robbery and grand theft violate his constitutional right against double jeopardy. The State concedes the issue. We reverse.
The defendant and friends crashed a party. When the party host ordered them out of the house, the defendant pulled a gun. On his way out of the home, one of the intruders took a chain from one of the guests. The defendant again used his gun to prevent the guest from taking any action to regain possession of the chain. The State charged the defendant with robbery with a deadly weapon, grand theft, and aggravated assault. The jury convicted the defendant of all three crimes.
Our federal and state constitutions guarantee protection against double jeopardy. Amends. V, XIV, U.S. Const.; Art. I, § 9, Fla. Const. Theft is a permissive lesser included offense of robbery with a firearm or deadly weapon. Fla. Std. Jury Instr. (Crim.) 15.1 tbl.; Junior v. State, 763 So. 2d 1056 (Fla. 4th DCA 1999). When the property taken is the basis for both the conviction for robbery and grand theft, then the defendant’s double jeopardy rights have been violated. Sirmons v. State, 634 So. 2d 153 (Fla.1994); Miller v. State, 867 So. 2d 1274 (Fla. 4th DCA 2004). The State agrees.
For this reason, we reverse and remand the case for the trial court to vacate the grand theft conviction and sentence.
Reversed and Remanded.
STEVENSON, C.J., and GUNTHER J., concur.
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McKINNEY v. State, 66 So. 3d 852 (Fla. 2011)…ne to do so. [*856] Ignoring this Court’s holding in Valdes, the Fourth District Court of Appeal has found that dual convictions for robbery and grand theft violate double jeopardy protection. See Shazer, 3 So. 3d at 454 (relying on Ingram v. State, 928 So. 2d 1262 (Fla. 4th DCA 2006) to find dual convictions for robbery with a deadly weapon and grand theft violated double jeopardy where the same property formed the basis for both convictions).4 In Ingram, the Fourth District noted that “[tjheft is a permissiv…
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Dawayne Ivan Shazer v. State, 3 So. 3d 453 (Fla. 4th DCA 2009)…PER CURIAM. The State agrees that appellant’s dual convictions for robbery with a deadly weapon and grand theft violate his double jeopardy rights because the same property formed the basis for both convictions. See Ingram v. State, 928 So. 2d 1262 (Fla. 4th DCA 2006). Accordingly, we reverse appellant’s conviction and sentence for grand theft and remand with directions to the trial court to vacate the same. STEVENSON, TAYLOR and MAY, JJ., concur.…
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Campbell v. State, 48 So. 3d 201 (Fla. 2d DCA 2010)…ntence. To the extent that the trial court considered Campbell’s family situation as a reason for downward departure, “Florida courts have consistently held that family support concerns are not valid reasons for downward departure.” State v. Walker, 928 So. 2d 1262, 1265 (Fla. 1st DCA 2006). See Rafferty v. State, 799 So. 2d 243, 248 (Fla. 2d DCA 2001) (concluding “it would not be good policy for the legislature to punish those with families to support less than those without families”). Therefore, we reverse…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)
- Junior v. State, 763 So. 2d 1056 (Fla. 4th DCA 1999)
- Miller v. State, 867 So. 2d 1274 (Fla. 4th DCA 2004)