DARRELL WAYNE BAILEY
v.
STATE OF FLORIDA
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Convictions for both armed burglary and burglary with assault or battery arising from a single entry constitute the same offense under Florida law and violate the double jeopardy prohibition.
[1] Dual convictions for armed burglary and burglary with assault or battery arising from a single entry into a dwelling or vehicle constitute the same offense under Florida…
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Join FLexlaw to unlock all legal intelligence“it was error to convict defendant of both burglary with assault and burglary while armed with deadly weapon because the two counts constituted same offense under section 810.02, Florida Statutes”
Citation to Hawkins v. State establishing the controlling legal principle
Darrell Bailey was convicted after trial of numerous offenses, including armed burglary (count VI) and burglary with assault or battery (count VII). B…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DARRELL WAYNE BAILEY,
Appellant,
v. Case No. 5D18-251
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 3, 2020
Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge.
James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Darrell Bailey was convicted, after trial, of numerous offenses. He raises several issues on appeal—one of which we find meritorious. Bailey’s convictions and sentences for both armed burglary (count VI) and burglary with assault or battery (count VII) violate the prohibition against double jeopardy. See Hawkins v. State, 436 So. 2d 44, 46 (Fla. 1983) (holding that it was error to convict defendant of both burglary with assault and
EVANDER, C.J., EDWARDS and HARRIS, JJ., concur.