Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

TYRONE DAVIS, Appellant, v. STATE OF FLORIDA, Appellee.

COBB, J.

The appellant, Tyrone Davis, was tried and convicted of robbery with a firearm and one count of grand theft, third degree. The grand theft was a lesser included offense of the robbery because there was a single taking. Taylor v. State, 751 So.2d 659 (Fla. 5th DCA 1999), rev. denied, 770 So.2d 161 (Fla. 2000). This double jeopardy violation constitutes fundamental error. See Thomas v. State, 745 So.2d 1119 (Fla. 5th DCA 1999); Sneed v. State, 749 So.2d 545 (Fla. 4th DCA 2000).

Accordingly, we reverse the judgment and sentence in regard to grand theft and remand for resentencing.

PETERSON and PLEUS, JJ., Concur.

Use AI to get other relevant cases.

Comments

DAVIS v. STATE
(Jan 12, 2001)