Legal Opinion · Concurrence

Walls v. State

District Court of Appeal of Florida

Decided May 13, 1991No. 89-1324Published

1ConcurrenceErvin, Judge

Although I agree with the majority that appellant’s conviction and sentence for the offense of possession of a firearm by a convicted felon should be affirmed, I consider it necessary to express certain reservations regarding appellant’s double jeopardy challenge. In Grady v. Corbin, — U.S. -, -, 110 S.Ct. 2084, 2087, 109 L.Ed.2d 548, 557 (1990), the United States Supreme Court stated “that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for…

2Cases cited3 opinions

  1. Grady v. CorbinSupreme Court of the United States · 1990
  2. State v. VazquezSupreme Court of Florida · 1982
  3. Thomas v. StateSupreme Court of Florida · 1983

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