(Download) "State V. Arthur Florida" by Supreme Court of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Arthur Florida
- Author : Supreme Court of Florida
- Release Date : January 17, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The issue in this case is whether a defendant may be convicted of both attempted second-degree murder with a firearm and aggravated battery on a law enforcement officer for the single act of shooting a police officer. We review Florida v. State, 855 So. 2d 109 (Fla. 4th DCA 2003), in which the Fourth District Court of Appeal held that the dual convictions violated the Double Jeopardy Clauses of the state and federal constitutions.*fn1 The Fourth District acknowledged that its decision is in express and direct conflict with Schirmer v. State, 837 So. 2d 587, 589 (Fla. 5th DCA 2003), in which the Fifth District Court of Appeal affirmed convictions for attempted second-degree murder and aggravated battery for a single stabbing. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons that follow, we hold that dual convictions of aggravated battery with a deadly weapon and attempted second-degree murder for a single act of stabbing or shooting a victim do not violate double jeopardy.
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