ANTORRI DESHEA FARRIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court reversed convictions for aggravated assault with a firearm as subsumed into the greater offense of burglary of a dwelling with assault or battery with a firearm, affirming remaining convictions.
Convictions for aggravated assault with a firearm are subsumed into and violate double jeopardy when the same conduct constitutes burglary of a dwelling with assault or battery with a firearm.
[1] When all elements of aggravated assault with a firearm are contained within burglary of a dwelling with assault or battery with a firearm and the offenses arise from the…
Previewing 1 of 1 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“Because all of the elements of the crime of aggravated assault with a firearm are contained within the crime of burglary with an assault while armed with a firearm, convictions for both the burglary and the aggravated assault violate the prohibition against double jeopardy.”
Court citing Green v. State to explain the subsumption doctrine and double jeopardy violation.
Farrier was convicted of two counts of aggravated assault with a firearm and burglary of a dwelling with assault or battery with a firearm; the assaul…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Aggravated Assault With A Firearm cases and more on FLexlaw
Antorri Farrier timely appeals the judgment and sentences imposed for two counts of aggravated assault with a firearm, arguing those offenses were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm where the offenses occurred during the same incident and involved the same two victims. The State concedes that the multiple convictions violate the *200prohibition against double jeopardy, as held in McGhee v. State, 133 So.3d 1137, 1138-39 (Fla. 5th DCA 2014) (reversing conviction for aggravated assault with a firearm because it was subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm where offenses involved the same victim and occurred in the same incident) and Green v. State, 120 So.3d 1276, 1278 (Fla. 1st DCA 2013) (“[BJecause all of the elements of the crime of aggravated assault with a firearm are contained within the crime of burglary with an assault while armed with a firearm, convictions for both the burglary and the aggravated assault violate the prohibition against double jeopardy.”). We, therefore, reverse both convictions for aggravated assault with a firearm because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm. The remaining convictions are affirmed.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, ORFINGER, and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tambriz-Ramirez v. State, 248 So. 3d 1087 (Fla. 2018)…reasons we explain, we approve the Fourth District's decision in Tambriz-Ramirez and disapprove the conflicting decisions to the extent that they conflict with this opinion. We also disapprove the decision of the Fifth District in Farrier v. State , 145 So. 3d 199 (Fla. 5th DCA 2014), to the extent that it conflicts with this opinion. [*1089] I. BACKGROUND The facts of the case as set forth in the Fourth District's opinion below are as follows: [In 2010, a]rmed with a knife and using a shirt as a mask, appe…
-
Hankins v. State, 164 So. 3d 738 (Fla. 5th DCA 2015)…ted assault with a firearm because it was subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm where offenses involved the same victim and occurred in the same incident); Farrier v. State, 145 So. 3d 199, 199-200 (Fla. 5th DCA 2014) (“[reversing] both convictions for aggravated assault with a firearm because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm.”) We, therefore, reverse the c…
-
Smith v. State, 154 So. 3d 523 (Fla. 1st DCA 2015)…violate the prohibition against double jeopardy.”); White v. State, 753 So. 2d 668, 669 (Fla. 1st DCA 2000) (same). Accordingly, we reverse and remand for the trial court to vacate Appellant’s convictions for counts III and IV. See Farrier v. State, 145 So. 3d 199, 200 (Fla. 5th DCA 2014) (in case involving two victims, vacating both convictions for aggravated assault with a firearm on double jeopardy grounds because those offenses were subsumed within the defendant’s conviction of burglary with an assault or…
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
- McGHEE v. State, 133 So. 3d 1137 (Fla. 5th DCA 2014)
- Green v. State, 120 So. 3d 1276 (Fla. 1st DCA 2013)