State v. McCray

FERGUSON, Judge.

Where defendant was convicted and sentenced for strong-armed robbery on a guilty plea after the victim had died from injuries suffered in the course of the offense, the double jeopardy prohibition barred a new prosecution for homicide. Cf. State v. Kirkland, 401 So.2d 1335 (Fla.1981); Southworth v. State, 98 Fla. 1184, 125 So. 345 (1929) (double jeopardy prohibition not a bar to new prosecution for murder where defendant is convicted of strong-armed robbery prior to death of robbery victim). The trial court’s finding, that the State in the exercise of due diligence could have…