Legal Opinion

Kase v. State

District Court of Appeal of Florida

Decided May 28, 1991No. 89-1475PublishedCited by 4 opinions

1Opinion of the Court

SMITH, Judge.

Appellant appeals his convictions for aggravated assault with a deadly weapon and improper exhibition of a weapon, contending the dual convictions violate double jeopardy principles. We affirm.*

Section 775.021(4)(b), Florida Statutes (Supp.1988), permits dual convictions and sentences for criminal offenses arising *613out of one act, episode or transaction where each offense has at least one statutory element that the other does not. State v. McCloud, 577 So.2d 939 (Fla.1991); and State v. Smith, 547 So.2d 613 (Fla.1989).

Section 784.021, governing aggravated assaults, requires, among…

2Cases cited2 opinions

  1. State v. SmithSupreme Court of Florida · 1989
  2. State v. McCloudSupreme Court of Florida · 1991

3Cited by4 opinions

  1. Perrin v. StateDistrict Court of Appeal of Florida · 1992
  2. Legette v. StateDistrict Court of Appeal of Florida · 1997
  3. A.T. v. StateDistrict Court of Appeal of Florida · 1995
  4. Collier v. StateDistrict Court of Appeal of Florida · 2015

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