McKinney v. State
District Court of Appeal of Florida
1Opinion of the CourtOrfinger, J.
Horace McKinney appeals his convictions of grand theft and robbery with a firearm, which arose from a single taking of cash and a cell phone at gunpoint. McKinney contends that the dual convictions violate his protection against double jeopardy. We disagree and affirm.
“The most familiar concept of the term ‘double jeopardy’ is that the Constitution prohibits subjecting a person to multiple prosecutions, convictions and punishments for the same criminal offense.” Valdes v. State, 3 So.3d 1067, 1069 (Fla.2009). However, there is no constitutional prohibition against multiple punishments for…
2Cases cited10 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Valdes v. StateSupreme Court of Florida · 2009
- Sirmons v. StateSupreme Court of Florida · 1994
- Gordon v. StateSupreme Court of Florida · 2001
- State v. PaulSupreme Court of Florida · 2006
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3Cited by5 opinions
- McKinney v. StateSupreme Court of Florida · 2011
- Partch v. StateDistrict Court of Appeal of Florida · 2010
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- Scarlett v. StateDistrict Court of Appeal of Florida · 2011
- Scarlett v. StateDistrict Court of Appeal of Florida · 2011