Samuel R. Brown v. State
District Court of Appeal of Florida
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
- Melbourne v. StateSupreme Court of Florida · 1996
- Wilkes v. StateDistrict Court of Appeal of Florida · 2013
- Ivy v. StateDistrict Court of Appeal of Florida · 2016
- Spencer v. StateDistrict Court of Appeal of Florida · 2016
- Hanna v. StateDistrict Court of Appeal of Florida · 2016
3Cited by4 opinions
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- Brown v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2020
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- State of Florida v. Geovani JohnsonSupreme Court of Florida · 2020