Legal Opinion

Gross v. State

District Court of Appeal of Florida

Decided May 9, 2014No. 5D11-1780PublishedCited by 2 opinions

1Opinion of the CourtEvander, J.

Timothy Gross appeals his judgment and sentences for attempted second-degree murder with a destructive device and possession and discharge of a destructive device. We affirm, without discussion, the attempted second-degree murder conviction. However, we conclude that double *591jeopardy principles require us to vacate Gross’ conviction for possession and discharge of a destructive device.1

Gross was charged by amended information with attempted first-degree murder with possession and discharge of a destructive device (Count I) and possession of and discharge of a destructive device (Count II)…

2Cases cited4 opinions

  1. Law v. StateDistrict Court of Appeal of Florida · 2002
  2. Bradshaw v. StateDistrict Court of Appeal of Florida · 1988
  3. Mendoza v. StateDistrict Court of Appeal of Florida · 2006
  4. Thomas v. StateDistrict Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. Holubek v. StateDistrict Court of Appeal of Florida · 2015
  2. Schoonover v. StateDistrict Court of Appeal of Florida · 2015

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