Legal Opinion

Barnes v. State

District Court of Appeal of Florida

Decided September 17, 2004No. 5D03-3783Published

1Opinion of the CourtOrfinger, J.

In this Anders1 appeal, Stephen Barnes, pro se, appeals his convictions for robbery and grand theft. On appeal, he contends that his dual convictions, which arose out of a single taking of a woman’s purse, violate the double jeopardy clauses of the state and federal constitutions. The State concedes that in Sirmons v. State, 634 So.2d 153 (Fla.1994), the supreme court held that dual convictions for grand theft and robbery of the same property violate the double jeopardy prohibition. However, it argues that because the error was not preserved by presenting it to the trial court for…

2Cases cited7 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Sirmons v. StateSupreme Court of Florida · 1994
  3. State v. JohnsonSupreme Court of Florida · 1986
  4. Lippman v. StateSupreme Court of Florida · 1994
  5. Barfield v. StateDistrict Court of Appeal of Florida · 2004

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