Legal Opinion · Concurrence

Caggiano v. State

District Court of Appeal of Florida

Decided March 13, 1987No. 86-558Published

1ConcurrenceLehan, Judge

This case involves convictions and sentences for both a RICO offense and the predicate offenses out of which the RICO offense arose. For the conclusion that no double jeopardy existed, the majority cites and follows Carroll v. State, 459 So.2d 368 (Fla. 5th DCA 1984). I agree with the result here and in Carroll but not on the basis of the rationale I understand was used by the majority opinion in Carroll. This concurring opinion is a brief effort to promote clarity and consistency in what has been referred to as “this complicated area” which “is still far from being clear and will continue to…

2Cases cited5 opinions

  1. Houser v. StateSupreme Court of Florida · 1985
  2. State v. BakerSupreme Court of Florida · 1984
  3. Rotenberry v. StateSupreme Court of Florida · 1985
  4. Carroll v. StateDistrict Court of Appeal of Florida · 1984
  5. Taffer v. StateDistrict Court of Appeal of Florida · 1987

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API