Legal Opinion

Dunbar v. State

Supreme Court of Florida

Decided May 3, 2012No. SC10-2296PublishedCited by 60 opinions

1Opinion of the CourtPolston, J.

Andre Isaiah Dunbar seeks review of the decision of the Fifth District Court of Appeal in Dunbar v. State, 46 So.3d 81 (Fla. 5th DCA 2010) (en banc), on ■ the *903ground that it expressly and directly conflicts with a decision of another district court of appeal, Gardner v. State, 30 So.3d 629 (Fla. 2d DCA 2010), on a question of law.1 For the reasons that follow, we approve of the Fifth District’s double jeopardy analysis but remand for resentencing with Dunbar present.

I. BACKGROUND

Following a jury trial in 2009, Andre Isaiah Dunbar was found guilty of robbery with a firearm, two counts of…

2Cases cited27 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. United States v. DiFrancescoSupreme Court of the United States · 1980
  3. Kentucky v. StincerSupreme Court of the United States · 1987
  4. Bozza v. United StatesSupreme Court of the United States · 1947
  5. In Re BonnerSupreme Court of the United States · 1894

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3Cited by60 opinions

  1. Thomas Kelsey v. State of FloridaSupreme Court of Florida · 2016
  2. State v. JimenezDistrict Court of Appeal of Florida · 2015
  3. Amanda Lee Hobgood v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. Burks v. StateDistrict Court of Appeal of Florida · 2017
  5. Richard C. Solomon v. StateDistrict Court of Appeal of Florida · 2018

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