Legal Opinion

Bailey v. State

District Court of Appeal of Florida

Decided November 6, 2009No. 5D08-1501PublishedCited by 16 opinions

1Opinion of the CourtCohen, J.

This appeal questions whether double jeopardy bars Appellant’s convictions for carjacking with a weapon and aggravated assault (deadly weapon). We find it does not and affirm.

Appellant entered an open no contest plea to charges of carjacking with a weapon, aggravated assault (deadly weapon), and petit theft. During the plea hearing, the State offered the following factual predicate. The victim was driving to work around 6:20 a.m. when she observed Appellant crying and waving her arms at an intersection. When the victim rolled down her window, Appellant explained that her van had broken down…

2Cases cited12 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Novaton v. StateSupreme Court of Florida · 1994
  3. Pizzo v. StateSupreme Court of Florida · 2006
  4. Hayes v. StateSupreme Court of Florida · 2001
  5. State v. BakerSupreme Court of Florida · 1984

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bell v. StateDistrict Court of Appeal of Florida · 2013
  2. Holt v. StateDistrict Court of Appeal of Florida · 2015
  3. Delgado v. StateDistrict Court of Appeal of Florida · 2015
  4. Estremera v. StateDistrict Court of Appeal of Florida · 2012
  5. Kenneth T. Linton v. StateDistrict Court of Appeal of Florida · 2017

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API