Legette v. State

Albert Legette appeals his judgment and sentences following his convictions of attempted robbery with a firearm and improper exhibition of a firearm. Mr. Legette contends that the dual convictions constitute a double jeopardy violation. Despite the state’s concession of error on this issue, we conclude these two offenses each require proof of an element that the other does not. § 775.021(4)(a), Fla. Stat. (1993); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). Robbery requires that force, violence, or fear be used during the course of the offense. § 812.13, Fla.…