STATE OF FLORIDA, PETITIONER,
v.
WARREN M. ADAMS, JR., AND BETTY M. YARBOROUGH, RESPONDENTS
STATE OF FLORIDA, PETITIONER,
WARREN M. ADAMS, JR., AND BETTY M. YARBOROUGH, RESPONDENTS
335 So. 2d 801
Florida Supreme Court (1976)
Negative Treatment
Cited by 5 cases
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Opinion of the Court
BY THE COURT:
Upon a petition for the writ of certiorari, the decision of the Second District Court of Appeal reported at 310 So. 2d 782 is before us to resolve a conflict with the decision of this Court in Slater v. State, 316 So. 2d 539 (Fla.1975). In this case the district court held that where a person is convicted on separate counts of felony-murder and robbery growing out of the same transaction, the robbery merges with the felony-murder. It therefore vacated the sentence imposed upon the judgment of guilty of robbery. We held in Slater that these were two separate crimes for which separate sentences could be imposed, if both had been separately charged and the jury returned a guilty verdict as to each. To resolve this apparent conflict we granted the writ and dispensed with oral argument.
Having considered the parties’ briefs we find no new circumstances which would cause us to reconsider our decision in Slater. That portion of the decision below which vacates the sentence for robbery is reversed, and this case is remanded with instructions to reinstate the robbery sentence imposed by the trial court.
OVERTON, C. J., and ROBERTS, BOYD, ENGLAND and SUNDBERG, JJ., concur. ADKINS and HATCHETT, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Pinder, 375 So. 2d 836 (Fla. 1979)…onvicted of both felony murder and the underlying felony on which the murder conviction was based. It also held, in light of Harris v. Oklahoma and Brown v. Ohio, that our decisions in Slater v. State, 316 So. 2d 539 (Fla.1975),3 and State v. Adams, 335 So. 2d 801 (Fla.1976),4 are no longer controlling precedent where a defendant is convicted of felony murder and there is no evidence of premeditation other than the fact that the killing occurred during the perpetration of the underlying felony. In deciding th…
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Clay Leonard Ennis v. State, 364 So. 2d 497 (Fla. 2d DCA 1978)…77) for the reason that the sentence is violative of the double jeopardy clause of the fifth amendment applicable to the states through the fourteenth. The supreme court of this state in Slater v. State, 316 So. 2d 539 (Fla.1975) and State v. Adams, 335 So. 2d 801 [*499] (Fla.1976) held that a felony murder and the felony upon which the felony murder charge is predicated were two separate and distinct crimes for which separate judgments and sentences could be imposed upon conviction of each offense. Appellant…
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Pinder v. State, 366 So. 2d 38 (Fla. 2d DCA 1978)…he supreme court he contended, inter alia, that he could not be sentenced for both robbery and murder. The supreme court rejected this argument, holding that the defendant could be validly convicted and sentenced for both crimes. In State v. Adams, 335 So. 2d 801 (Fla.1976), the defendant was found guilty of robbery and felony-murder. The supreme court held on the authority of Slater that the defendant could be convicted and sentenced for both crimes. Admittedly these cases are on point. However, they were…
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- Darius Slater v. State, 316 So. 2d 539 (Fla. 1975)
- Adams v. State, 310 So. 2d 782 (Fla. 2d DCA 1975)