DECIUS GENE JULES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DECIUS GENE JULES, APPELLANT,
STATE OF FLORIDA, APPELLEE
113 So. 3d 949
Florida District Court of Appeal, Fifth District (2013)
Positive Treatment
Cited by 3 cases
Opinion of the Court
The State properly concedes error on Appellant’s claim that his home-invasion-robbery charge violates double jeopardy in that it arose from the same episode as Appellant’s burglary-with-an-assault-or-battery charge. Accordingly, we reverse the judgment and sentence on the home-invasion charge and remand this cause for further proceedings as warranted. In all other respects, we affirm.
AFFIRM in part; REVERSED in part; and REMANDED.
GRIFFIN, TORPY and JACOBUS, JJ., concur.
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Washington v. State, 120 So. 3d 650 (Fla. 5th DCA 2013)…42 (Fla. 2d DCA 2008), and Olivera v. State, 92 So. 3d 924 (Fla. 4th DCA), review denied, Olivera v. State, 104 So. 3d 1086 (Fla.2012), support the defendant’s double jeopardy claim, and the State commendably concedes error. See also Jules v. State, 113 So. 3d 949 (Fla. 5th DCA 2013) (holding that the defendant’s home-invasion robbery conviction violated double jeopardy because it arose from the same incident as the defendant’s burglary with an assault or battery conviction); Mendez v. State, 798 So. 2d 749 (…
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