MOORE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-07-08
No. 2024-0065
Flury, J., Roberts, J., Winokur, J., Nordby, J.
2026 FL 8385 Florida District Court of Appeal, First District (2026)

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.


Holding

Two burglary convictions arising from the same conduct constitute double jeopardy and must be reversed, but a prison releasee reoffender sentence does not violate the Sixth Amendment.


Headnotes

[1] Two burglary convictions arising from the same conduct violate the Double Jeopardy Clause and must be reversed.

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

Facts & Procedural History

Brandon Moore was convicted of burglary of a conveyance with a battery, burglary of a conveyance while armed, and aggravated battery. The State conced…

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.


Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

BRANDON MOORE, Appellant,

V.

STATE OF FLORIDA, Appellee.

No. 1D2024-0065

On appeal from the Circuit Court for Gadsden County. Ronald W. Flury, Judge.

July 8, 2026

PER CURIAM.

Brandon Moore appeals his convictions for burglary of a conveyance with a battery, burglary of a conveyance while armed, and aggravated battery. The State conceded error on Moore's claim that the two burglary convictions constituted double jeopardy. We agree and reverse. We reject Moore's claim that his prison releasee reoffender sentence violated the Sixth Amendment. Hicks v. State, 422 So. 3d 607 (Fla. 1st DCA 2025). We otherwise affirm the judgment and sentence.

AFFIRMED in part, REVERSED in part, and REMANDED.

ROBERTS, WINOKUR, and NORDBY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw