Legal Opinion

Salazar v. State

District Court of Appeal of Florida

Decided March 13, 1990No. 89-339PublishedCited by 3 opinions

1Per curiam

The defendant was convicted, inter alia, of a) burglary of an occupied dwelling with a firearm, and b) robbery with a firearm, and sentenced for the commission of the separate statutory offenses. We reject the claim that his conviction for burglary of an occupied dwelling with a firearm, under sections 810.02(2)(a) and (b), Florida Statutes (1987) is subsumed within his conviction of robbery with a firearm, pursuant to section 812.13, Florida Statutes (1987). By definition, each offense contains an element not common to the other. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76…

2Cases cited6 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Carawan v. StateSupreme Court of Florida · 1987
  3. Hall v. StateSupreme Court of Florida · 1988
  4. Baker v. StateDistrict Court of Appeal of Florida · 1985
  5. State v. BakerSupreme Court of Florida · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Torrence v. StateDistrict Court of Appeal of Florida · 1991
  2. Guerra v. StateDistrict Court of Appeal of Florida · 1991
  3. Robins v. StateDistrict Court of Appeal of Florida · 1992

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