JAMEL MOBLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jamel Mobley was convicted of attempted second-degree murder, attempted felony murder, attempted armed robbery, and aggravated assault. He appealed arguing improper peremptory challenges and double jeopardy violations, but the court found the peremptory challenge argument unpreserved and reversed the attempted felony murder conviction under the merger doctrine rather than double jeopardy.
The court affirmed as to the peremptory challenge issue, finding the error unpreserved for appellate review. The court reversed the attempted felony murder conviction under the merger doctrine, which prohibits multiple punishments for attempted second-degree murder and attempted felony murder based on the same attempted killing of one victim without a separate criminal episode or distinct acts.
[1] An appellate court will not consider an issue regarding the State's peremptory challenges against prospective jurors if the issue was not preserved for appellate review i…
[2] The merger doctrine, rather than the prohibition against double jeopardy, may prohibit convictions for both attempted second-degree murder and attempted felony murder ari…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We do not think that the Legislature authorized the imposition of multiple punishments for attempted premeditated first-degree murder and attempted felony murder for the same attempted killing of one victim, when there is not a separate criminal episode or distinct acts on which to base each attempted murder conviction.”
States the merger doctrine principle prohibiting multiple attempted murder convictions for a single attempted killing absent separate episodes or distinct acts
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Join FLexlaw to unlock all legal intelligenceAppellant Mobley was convicted of attempted second-degree murder, attempted felony murder, attempted armed robbery, and aggravated assault following a…
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Appellant was convicted of attempted second-degree murder, attempted felony murder, attempted armed robbery, and aggravated assault. He seeks reversal of the convictions, arguing that the trial court erred in permitting the State’s peremptory challenges against two African-American prospective jurors, and that his convictions for attempted second-degree murder and attempted felony murder violate the constitutional prohibition against double jeopardy. We affirm as to the first issue, finding the asserted error unpreserved for appellate review. However, we conclude-^ and the State concedes — that the merger doctrine, as opposed to double jeopardy, prohibits convictions for both attempted second-degree murder and attempted felony murder in this case. See Williams v. State, 90 So.3d 931, 935 (Fla. 1st DCA 2012) (reversing attempted felony murder under merger doctrine where defendant was also convicted of attempted premeditated first-degree murder, and stating that “[w]e do not think that the Legislature authorized the imposition of multiple punishments for attempted premeditated first-degree murder and attempted felony murder for the same attempted killing of one victim, tuhen there is not a separate criminal episode or distinct acts on which to base each attempted murder conviction.”) (emphasis added).
Accordingly, we reverse Appellant’s conviction for attempted felony murder and remand with directions to strike the conviction. We affirm Appellant’s remaining convictions for attempted second-degree murder, attempted armed robbery, and aggravated assault.
AFFIRMED, in part; REVERSED, in part; REMANDED with directions.
THOMAS, WETHERELL, and MARSTILLER, JJ., concur.
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Citator
Cited By
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Wilkes v. State, 123 So. 3d 632 (Fla. 4th DCA 2013)
Authorities Cited
- Williams v. State, 90 So. 3d 931 (Fla. 1st DCA 2012)