Legal Opinion

J.M. v. State

District Court of Appeal of Florida

Decided March 27, 1998No. 97-284PublishedCited by 6 opinions

1Opinion of the Court

W. SHARP, Judge.

J.M. argues on appeal that the trial court erroneously adjudicated and sentenced him on both counts of armed robbery1 and grand theft2. He was found guilty on both counts, adjudicated a delinquent, and sentenced to a Level 10 commitment. We agree that J.M. should not have been adjudicated on the basis of both counts, under the circumstances of this case.

The evidence at trial disclosed, without dispute, that an individual identified as J.M. by Respoli, the victim, stormed into the apartment where Respoli was drinking a beer. J.M. had a BB gun in his hand. He demanded money and…

2Cases cited4 opinions

  1. Sirmons v. StateSupreme Court of Florida · 1994
  2. Castelberry v. StateDistrict Court of Appeal of Florida · 1981
  3. Crittenden v. StateDistrict Court of Appeal of Florida · 1996
  4. Ricks v. StateDistrict Court of Appeal of Florida · 1995

3Cited by6 opinions

  1. Hayes v. StateSupreme Court of Florida · 2001
  2. Hayes v. StateDistrict Court of Appeal of Florida · 1999
  3. Simboli v. StateDistrict Court of Appeal of Florida · 1999
  4. Henderson v. StateDistrict Court of Appeal of Florida · 2001
  5. Taylor v. StateDistrict Court of Appeal of Florida · 1999

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