Legal Opinion

Samuel R. Brown v. State

District Court of Appeal of Florida

Decided October 28, 2016No. 5D15-3472PublishedCited by 4 opinions

1Per curiam

As the State properly concedes, Appellant’s convictions for both attempted second-degree murder and attempted felony murder violated double jeopardy principles. See Wilkes v. State, 123 So.3d 632, 634-35 (Fla. 4th DCA 2013) (holding that convictions of attempted murder and attempted felony murder, arising out of single attempt to cause death to single victim, violated double jeopardy). On remand, the trial court shall set aside the conviction for the lesser offense.

We further conclude that Appellant failed to preserve the issue of whether the trial court erred in failing to make a separate…

2Cases cited5 opinions

  1. Melbourne v. StateSupreme Court of Florida · 1996
  2. Wilkes v. StateDistrict Court of Appeal of Florida · 2013
  3. Ivy v. StateDistrict Court of Appeal of Florida · 2016
  4. Spencer v. StateDistrict Court of Appeal of Florida · 2016
  5. Hanna v. StateDistrict Court of Appeal of Florida · 2016

3Cited by4 opinions

  1. GEOVANI JOHNSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Brown v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2020
  3. Eddie Howard Richardson v. State of FloridaDistrict Court of Appeal of Florida · 2024
  4. State of Florida v. Geovani JohnsonSupreme Court of Florida · 2020

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

Powered by the Exa API