Legal Opinion

Farrier v. State

District Court of Appeal of Florida

Decided August 15, 2014No. 5D13-3108PublishedCited by 5 opinions

1Per curiam

Antorri Farrier timely appeals the judgment and sentences imposed for two counts of aggravated assault with a firearm, arguing those offenses were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm where the offenses occurred during the same incident and involved the same two victims. The State concedes that the multiple convictions violate the *200prohibition against double jeopardy, as held in McGhee v. State, 133 So.3d 1137, 1138-39 (Fla. 5th DCA 2014) (reversing conviction for aggravated assault with a firearm because it was subsumed into the…

2Cases cited2 opinions

  1. McGhee v. StateDistrict Court of Appeal of Florida · 2014
  2. Green v. StateDistrict Court of Appeal of Florida · 2013

3Cited by5 opinions

  1. Hankins v. StateDistrict Court of Appeal of Florida · 2015
  2. Michael Lee Smith v. State of FloridaDistrict Court of Appeal of Florida · 2015
  3. Diego Tambriz-Ramirez v. State of FloridaSupreme Court of Florida · 2018
  4. Diego Tambriz-Ramirez v. State of FloridaSupreme Court of Florida · 2018
  5. Smith v. Secretary, Department of Corrections (Duval County)District Court, M.D. Florida · 2022

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