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

LARRY DOUGLAS BOGARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Larry Douglas Bogard was convicted of three criminal offenses, as follows:

Count I — Aggravated Battery.
Count II — Possession of a firearm while engaged in a felony.
Count III — Aggravated Assault.

Having considered the proofs and applied the definition of "lesser included" offenses articulated in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); in accord, Borges v. State, 415 So.2d 1265 (Fla. 1983), as well as the more recent analysis in Bell v. State, 437 So.2d 1057 (Fla. 1983), we hold that the constituent elements of Section 790.07(1), (2), Florida Statutes (1981), as charged in Count Two are sufficiently similar to those of Section 784.045(1)(b), Florida Statutes (1981), as charged in Count One, to here classify Count Two of the Information as a lesser included offense of that charged in Count One.

Accordingly, we affirm as to Counts One and Three, reverse as to Count Two, and remand with instructions to vacate both the conviction and sentence on Count Two.

Affirmed in part; reversed in part; and remanded.

ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.

Use AI to get other relevant cases.

Comments

BOGARD v. STATE
(Jul 11, 1984)