Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided March 4, 2014No. 1D13-565PublishedCited by 2 opinions

1Per curiam

Appellant, William Isiah Johnson, was convicted of burglary of a dwelling with assault or battery and home invasion robbery, but was adjudicated guilty and sentenced only on the burglary charge. Appellant raises two issues on appeal, only one of which merits discussion. Appellant argues, and the State concedes, that his dual convictions violate the prohibition against double jeopardy. We agree and, therefore, reverse Appellant’s conviction for home invasion robbery and remand with directions that the trial court vacate his conviction on that charge.

Appellant was charged with (Count I)…

2Cases cited7 opinions

  1. Czubak v. StateSupreme Court of Florida · 1990
  2. McKinney v. StateSupreme Court of Florida · 2011
  3. Bolding v. StateDistrict Court of Appeal of Florida · 2010
  4. Mount Sinai Medical Center of Greater Miami, Inc. v. GonzalezDistrict Court of Appeal of Florida · 2012
  5. Davis v. StateDistrict Court of Appeal of Florida · 2011

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3Cited by2 opinions

  1. State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015
  2. State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015

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