Legal Opinion · Dissent

State v. Florida

Supreme Court of Florida

Decided February 17, 2005No. SC03-1318Published

1DissentPariente, C.J.

While nothing in the constitutional right against double jeopardy prevents a defendant from being charged and convicted of multiple separate crimes arising from a single act, double jeopardy does prevent a defendant from being convicted twice of the same core offense. Yet the majority decision today permits dual convictions on degree variants of the same core offense, battery, for firing one shot that struck a police officer.

The illogic of this result is demonstrated by what would have happened if the defendant had been convicted of the crimes actually charged in counts VI and VII. In that…

2Cases cited26 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. State v. SmithSupreme Court of Florida · 1989
  3. Puryear v. StateSupreme Court of Florida · 2002
  4. Houser v. StateSupreme Court of Florida · 1985
  5. Brown v. StateSupreme Court of Florida · 1998

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