Legal Opinion · Dissent

Freda v. State

District Court of Appeal of Florida

Decided January 4, 1990No. 89-2017Published

1DissentAnstead, Judge

I agree with the majority that, for the most part, appellant’s application for post-conviction relief was properly denied. However, I believe appellant did state a proper double jeopardy claim under Carawan v. State, 515 So.2d 161 (Fla.1987). Appellant passed three (3) forged checks. For doing so he was convicted of six (6) felonies, three for grand theft and three for uttering a forged instrument. I don’t believe the appellant could be properly convicted of both grand theft and uttering for each act of cashing a forged check.

In Harmon v. State, 547 So.2d 1027, 1028 (Fla. 1st DCA 1989), our…

2Cases cited10 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. State v. SmithSupreme Court of Florida · 1989
  3. Hall v. StateSupreme Court of Florida · 1988
  4. Heath v. StateDistrict Court of Appeal of Florida · 1988
  5. Payne v. StateDistrict Court of Appeal of Florida · 1989

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