Legal Opinion
Claps v. State
District Court of Appeal of Florida
Decided November 16, 2007No. 2D06-5279PublishedCited by 8 opinions
1Opinion of the Court
971 So.2d 131 (2007)
Peter P. CLAPS, Appellant,
v.
STATE of Florida, Appellee.
No. 2D06-5279.
District Court of Appeal of Florida, Second District.
November 16, 2007.
VILLANTI, Judge.
We affirm the trial court's summary denial of the claims in Peter P. Claps' motion for postconviction relief, but we write to make explicit what has long been implicit in Florida regarding double jeopardy: a defendant may be charged and tried for both an offense and a necessarily lesser-included offense even though the defendant cannot ultimately be adjudicated and sentenced for both offenses due to the protections…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Ohio v. JohnsonSupreme Court of the United States · 1984
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3Cited by8 opinions
- State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015
- Brooks v. StateDistrict Court of Appeal of Florida · 2015
- Drawdy v. StateDistrict Court of Appeal of Florida · 2012
- Cedric Robinson v. State of FloridaDistrict Court of Appeal of Florida · 2018
- Holloman v. Secretary, Department of Corrections (Hillsborough County)District Court, M.D. Florida · 2023
3 more not listed; retrieve them via the Exa API.