Merger Of Offenses

198 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Parson
  452 F.2d 1007· 9th Cir.· 1971-12-07 ·cited 14×
  The court held that the trial court did not err in denying a last-minute motion to sever, as it was untimely and waived, and that the joint trial did not prejudice the appellant.
• United States v. Poindexter
  293 F.2d 329· 6th Cir.· 1961-08-01 ·cited 14×
  The court held that defendants properly pleaded guilty to charges under 18 U.S.C. § 2113(a) and (b) via information, as these charges did not expose them to potential conviction under the death penalty provision (18 U.S.C. § 2113(e)) without an indictment.
• Clark v. United States
  281 F.2d 230· 10th Cir.· 1960-06-24 ·cited 14×
  The court held that the federal bank robbery act permits separate sentences for bank robbery and kidnapping to avoid apprehension, even if the lesser offense merges into the greater.
• la Duke v. United States
  253 F.2d 387· 8th Cir.· 1958-03-31 ·cited 14×
  The court held that entering a bank with intent to commit larceny does not merge with the larceny offense, allowing prosecution under the entry statute even if larceny is accomplished.
• Valdez v. United States
  249 F.2d 539· 5th Cir.· 1957-11-29 ·cited 14×
  The court held that conspiracy and substantive offenses are distinct, and sentences for each can run consecutively. The sentence order was sufficiently definite.
• Loyce Edward Brooks v. United States
  223 F.2d 393· 10th Cir.· 1955-05-23 ·cited 14×
  The court held that the two counts of the indictment stated a single offense, and the sentence on the first count was void. The sentence on the second count was also vacated due to ambiguity regarding probation.
• COY v. United States
  156 F.2d 293· 6th Cir.· 1946-01-14 ·cited 14×
  A valid sentence on one count of an indictment remains valid even if an invalid sentence on another count is set aside.
• Dorsey v. State
  942 So. 2d 983· Fla. 5th DCA· 2006-12-01 ·cited 13×
  Sherman Dorsey appeals his conviction for first-degree felony murder with aggravated child abuse as the underlying felony, arguing the conviction must be set aside under Brooks v. State. The Florida Fifth District Court of Appeal affirms, finding that unlike Brooks, Dorsey's abus
• Smith v. State
  453 So. 2d 505· Fla. 4th DCA· 1984-08-01 ·cited 13×
  The court held that a jury's request for penalties for lesser included offenses, made outside the defendant's presence, does not constitute reversible error if the request is denied and later repeated in the defendant's presence without objection. However, a defendant cannot be c
• United States v. Arbelaez
  812 F.2d 530· 9th Cir.· 1987-03-11 ·cited 12×
  The court held that a defendant cannot be punished for both conspiracy and the underlying substantive offenses if they are not distinct under the Blockburger test, and that separate sentences for aiding and abetting possession and distribution are impermissible when arising from
• United States v. Corral
  578 F.2d 570· 5th Cir.· 1978-08-17 ·cited 12×
  A single conspiracy cannot be prosecuted under both a general and a specific conspiracy statute; the general statute's provisions are subsumed by the specific one.
• United States v. Stroud
  474 F.2d 737· 9th Cir.· 1973-03-02 ·cited 12×
  The court held that while the revocation of bail during trial was improper, it constituted harmless error given the overwhelming evidence. The court also held that the conviction under 18 U.S.C. § 2113(a) merged with the conviction under § 2113(d).
• United States v. Hill
  470 F.2d 361· D.C. Cir.· 1972-08-02 ·cited 12×
  The court affirmed convictions for assault with intent to kill while armed but vacated convictions for assault with a dangerous weapon, finding the latter merged into the former.
• Clark v. United States
  267 F.2d 99· 4th Cir.· 1959-05-14 ·cited 12×
  A defendant can be convicted of both breaking and entering with intent to commit larceny and the consummated theft when the offenses arise under separate statutes.
• Sang Youn KIM v. State
  154 So. 3d 1168· Fla. 2d DCA· 2015-01-07 ·cited 11×
  Dual convictions for soliciting a child to commit a sex act and traveling to meet a child for sex violate double jeopardy principles because the soliciting offense is subsumed by the traveling offense.
• United States v. Hernandez
  580 F.2d 188· 5th Cir.· 1978-09-18 ·cited 11×
• Gov't of the Virgin Islands v. Soto
  718 F.2d 72· 3d Cir.· 1983-09-29 ·cited 10×
  The court held that a handgun displayed during a robbery can be considered a dangerous weapon even if not recovered, and that cumulative punishments for robbery and possession of a dangerous weapon are permissible under Virgin Islands law.
• United States v. Spencer
  684 F.2d 220· 2d Cir.· 1982-07-09 ·cited 10×
  The court held that police entry into a defendant's home with a bench warrant for a misdemeanor, based on reasonable belief the defendant was present, and seizure of evidence in plain view, did not violate the Fourth Amendment.
• United States v. Jenkins
  665 F.2d 47· 2d Cir.· 1981-11-24 ·cited 10×
  A conviction for unarmed bank robbery under 18 U.S.C. § 2113(a) must merge into a conviction for armed bank robbery under 18 U.S.C. § 2113(d) when both arise from a single criminal act.
• United States v. Madonna
  582 F.2d 704· 2d Cir.· 1978-09-01 ·cited 10×
  Consecutive sentences for conspiracy and substantive narcotics offenses are permissible as they are distinct crimes.
• United States v. Davis
  573 F.2d 1177· 10th Cir.· 1978-04-14 ·cited 10×
  The court held that while the trial court properly resentenced the defendant on Counts I and III, Count II must be expressly vacated, and the resentencing did not improperly increase the defendant's sentence.
• United States v. Thompson
  422 F.2d 1104· 6th Cir.· 1970-02-04 ·cited 10×
  The court held that transporting and concealing a stolen vehicle are separate offenses, but remanded for reconsideration of consecutive sentencing.
• Hall v. United States
  356 F.2d 424· 5th Cir.· 1966-02-15 ·cited 10×
  A single general sentence is permissible for convictions under the Federal Bank Robbery Act when the entry offense merges with the consummated robbery offense.
• McINTYRE v. State
  380 So. 2d 1064· Fla. 2d DCA· 1980-02-01 ·cited 9×
  Kenneth McIntyre was convicted of attempted grand theft, a crime that the court had recently held does not exist as a separate offense. The court affirmed the conviction but remanded to correct the judgment to reflect a conviction for grand theft instead, finding that McIntyre's
• Marra v. State
  970 So. 2d 475· Fla. 5th DCA· 2007-12-14 ·cited 8×
  Michael Marra appeals his conviction for lewd and lascivious conduct with a minor, challenging whether the evidence established a French kiss as alleged in the information. The appellate court reverses, finding the evidence showed only an attempted French kiss, and remands for ad
• van Gotum v. State
  569 So. 2d 773· Fla. 2d DCA· 1990-10-03 ·cited 8×
  Paul Joseph Van Gotum, Sr., a deputy sheriff, was convicted of kidnapping, grand theft, and aggravated battery after confining his former girlfriend and stealing her car. The appellate court affirmed all three convictions, holding that although the trial court erred in instructin
• United States v. Kitowski
  729 F.2d 1418· 11th Cir.· 1984-04-16 ·cited 8×
  The court held that the unit of prosecution for interstate auto theft (18 U.S.C. § 2312) is each vehicle transported, and for disposing of stolen securities (18 U.S.C. § 2315) is each distinct disposal. However, transporting multiple counterfeit securities in a single trip consti
• Gov't of Virgin Islands v. Brown
  685 F.2d 834· 3d Cir.· 1982-07-20 ·cited 8×
  The court held that the jury instructions for grand larceny were deficient due to ambiguity, requiring reversal and remand for a new trial. It also held that the evidence was insufficient for first-degree assault convictions, vacating those judgments and remanding for entry of co
• United States v. Munn
  507 F.2d 563· 10th Cir.· 1974-12-16 ·cited 8×
  The court held that the trial court did not err in denying the motion for acquittal, nor in sequestering the defendant, and that the larceny conviction merged with the robbery conviction.
• United States v. TOY
  482 F.2d 741· D.C. Cir.· 1973-07-13 ·cited 8×
  The court held that the trial court erred by failing to make the required affirmative finding, supported by reasons, before sentencing the appellant under section 5010(c) of the Youth Corrections Act. The court affirmed the armed robbery convictions but vacated the sentences for
• United States v. Cedar
  437 F.2d 1033· 9th Cir.· 1971-02-09 ·cited 8×
  The court held that the offenses of stealing and unlawfully cutting trees are distinct and can be punished consecutively, and that the prosecutor's comments did not improperly penalize the defendant for exercising his Fifth Amendment rights.
• United States v. Cheers
  439 F.2d 1097· 5th Cir.· 1971-02-08 ·cited 8×
• Barnes v. State
  562 So. 2d 729· Fla. 3d DCA· 1990-05-01 ·cited 6×
  The court held that a conviction for unlawful possession of a firearm while engaged in a criminal offense must be vacated when the attempted murder conviction is enhanced due to firearm use. Other errors raised were without merit.
• Salazar v. State
  560 So. 2d 1207· Fla. 3d DCA· 1990-03-13 ·cited 6×
  The court held that the conviction for burglary of an occupied dwelling with a firearm is not subsumed by the conviction for robbery with a firearm, but vacated the conviction for possession of a firearm during the commission of a felony.
• United States v. Vasquez
  867 F.2d 872· 5th Cir.· 1989-03-02 ·cited 6×
  The court held that a conviction for attempting to threaten a foreign official merges with a conviction for the completed threat when both arise from the same criminal undertaking, and thus, the defendant cannot be punished for both.
• United States v. Buchanan
  830 F.2d 146· 10th Cir.· 1987-09-28 ·cited 6×
  Consecutive sentences for manufacturing and possessing a single destructive device are improper as possession is incidental to manufacture, and the offenses merge for sentencing purposes. Consecutive sentences for aiding and abetting and conspiracy are permissible as they are dis
• United States v. Moore
  688 F.2d 433· 6th Cir.· 1982-09-14 ·cited 6×
• United States v. Rossi
  552 F.2d 381· 1st Cir.· 1977-03-31 ·cited 6×
  The Court held that the Bank Robbery Act, 18 U.S.C. § 2113, creates a single offense with varying punishments based on aggravating circumstances, and therefore, a conviction under subsection (e) for kidnapping during an escape attempt merges with the underlying bank robbery convi
• Amos John Sloan v. State
  323 So. 2d 278· Fla. 2d DCA· 1975-12-10 ·cited 6×
  An assault committed against the robbery victim as part of the force used in the robbery merges into the robbery offense and cannot support a separate conviction, but an assault against a different victim at the same scene is a separate offense.
• United States v. Abell Holiday
  482 F.2d 729· D.C. Cir.· 1973-07-12 ·cited 6×
  The court held that even if a lineup was uncounseled, in-court identifications can be admissible if they have an independent source, and references to the lineup at trial can be harmless error if the evidence of guilt is overwhelming.
• United States v. Bishop
  462 F.2d 127· 9th Cir.· 1972-06-05 ·cited 6×
  The court held that the conspiracy charge does not merge with the substantive offense of importing marihuana, and each is separately punishable.
• United States v. Buck
  449 F.2d 262· 10th Cir.· 1971-09-21 ·cited 6×
  The court held that the defendant's confession and statements were voluntary and admissible, and that the larceny conviction merged into the burglary conviction.
• State v. Adams
  335 So. 2d 801· Fla.· 1976-07-21 ·cited 5×
• Salgat v. State
  630 So. 2d 1143· Fla. 1st DCA· 1993-11-17 ·cited 4×
  Patrick Salgat appeals his conviction and sentences for murder and other felonies arising from his shooting of a state attorney investigator. The court reversed the sentence for attempted felony murder on the ground that it improperly merged with the felony murder conviction, and
• Saud Tarawneh and Ghada Tarawneh v. State
  562 So. 2d 770· Fla. 4th DCA· 1990-05-16 ·cited 4×
  The court affirmed the convictions, holding that sufficient evidence supported the conspiracy charges and Florida jurisdiction, and that the admission of the recorded conversation was proper.
• Bouie v. State
  540 So. 2d 925· Fla. 3d DCA· 1989-04-04 ·cited 4×
  Affirmed conviction for armed robbery but struck the firearm possession conviction as duplicative under Florida law prohibiting cumulative sentences for the same conduct.
• Chestnut v. State
  516 So. 2d 1144· Fla. 5th DCA· 1987-12-24 ·cited 4×
  Appellant was convicted of manslaughter and armed extortion after pointing a gun at a victim's head and demanding return of stolen guns. The court affirmed the manslaughter conviction but reversed the extortion conviction, finding that threatening force to recover stolen property
• United States v. Meredith
  824 F.2d 1418· 4th Cir.· 1987-08-04 ·cited 4×
  The court affirmed convictions, finding no reversible error in jury selection, rereading of testimony, merger of offenses, sufficiency of evidence, or admission of co-conspirator statements.
• Hardwick v. State
  335 So. 2d 307· Fla. 1st DCA· 1976-06-30 ·cited 4×
  The appellate court affirmed a conviction for first-degree murder and robbery. The court held that the indictment was sufficient to charge first-degree felony murder and that the robbery conviction did not merge with the murder conviction as they were separate and distinct crimes
• Hackett v. United States
  348 F.2d 883· 6th Cir.· 1965-07-22 ·cited 4×
  The court held that the offenses of possession and sale of narcotics are distinct and do not merge for sentencing purposes.