Spradley v. State

Citation537 So.2d 1058,14 Fla. L. Weekly 224
Decision Date18 January 1989
Docket NumberNo. 87-506,87-506
Parties14 Fla. L. Weekly 224 Cleveland SPRADLEY, Jr., Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Kurt L. Barch, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

Cleveland Spradley, Jr. appeals from final judgments and sentences by which he was convicted and sentenced, pursuant to jury trial, for: (1) burglary with a battery, in violation of Section 810.02(2)(a), Florida Statutes; 1 (2) battery, in violation of Section 784.03, Florida Statutes; and (3) petit theft, in violation of Section 812.014, Florida Statutes. In the two issues raised on appeal, appellant claims: (1) that he was improperly convicted and sentenced for both burglary with a battery and simple battery; and (2) that this judgment erroneously classified battery as a third degree felony. We agree with appellant as to both issues and reverse. 2

The relevant facts in this case are that, upon arriving home one evening, the victim saw that a light was on in the back room. The victim entered the room and observed a pair of legs in a sliding closet. Before he knew what was happening, he was on the floor and had been hit several times. It was later discovered that a bowl of coins and a pair of socks had been stolen.

Appellant was subsequently charged and found guilty of the above three charges. Appellant was sentenced to 4 1/2 years imprisonment followed by 15 years probation for the burglary; a concurrent term of 60 days for the petit theft; and a concurrent term of one year for the battery.

At issue in this case is whether appellant's convictions and sentences for both burglary with a battery and battery violate the state and federal constitutions' prohibition against double jeopardy, i.e., against subjecting a defendant to multiple punishments for the same offense. We conclude that appellant's double jeopardy rights have been violated.

The Double Jeopardy Clause is cast explicitly in terms of being "twice put in jeopardy." This clause has consistently been interpreted to protect an individual against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). The Double Jeopardy Clause's protection against multiple punishments, however, with respect to cumulative sentences imposed in a single trial, does no more than prevent the sentencing court from prescribing greater punishment than the legislature intended. Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. 673, 74 L.Ed.2d 535 (1983). It is the legislature, and not the courts, that prescribe the scope of punishments. 459 U.S. at 368, 103 S.Ct. at 679.

Before reaching the question of any possible constitutional violation, it is important to first determine what the legislature intended to punish and precisely how. The question of what punishments are constitutionally permissible is no different from the question of what punishments the legislature intended to be imposed. Where the legislature intends to impose multiple punishments, imposition of such sentences does not violate the constitution. Albernaz v. United States, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981). Thus, where the legislature clearly, unambiguously and precisely states an intent to punish the exact same offense under separate statutory provisions, a double jeopardy problem does not exist. See Hunter, 459 U.S. 359, 103 S.Ct. 673; Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980); Albernaz, 450 U.S. 333, 101 S.Ct. 1137.

Missouri v. Hunter is instructive. There, the Court, in a 7-2 decision, specifically held that legislative intent, if clear, determines the scope of "same offense" analysis for purposes of determining when cumulative punishments may be imposed. In Hunter, the Court upheld the separate convictions and sentences imposed against a defendant in a single trial under two separate Missouri statutes, one proscribing robbery in the first degree, the second prohibiting "armed criminal action" (i.e., "use a gun, go to jail") based on the robbery. The Court's majority opinion conceded that the Court was bound by the Missouri Supreme Court's ruling that the two statutes at issue defined the same crime under Blockburger v. United States, 284 U.S 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). 3 But the Court went on to conclude that Blockburger was irrelevant because the Missouri Legislature had made "crystal clear" that it intended the penalty imposed for violation of the armed criminal action statute to be in addition to the penalty imposed for the underlying crime. The Missouri Legislature specifically stated in its armed criminal action statute that the punishment imposed pursuant to that statute "shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous or deadly weapon." Missouri Rev.Stat. § 559.225 (Supp.1976).

As the Court had suggested in Albernaz, Hunter held that Blockburger merely provided a rule for statutory construction which becomes unnecessary when the legislature's actions are unambiguous. The Court stated:

Where, as here, a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the "same" conduct under Blockburger, a court's task of statutory construction is at an end and the prosecutor may seek and the trial court or jury may impose cumulative punishment under such statutes in a single trial.

Hunter, 459 U.S. at 368-369, 103 S.Ct. at 679.

However, where it cannot be said with certainty what the legislature intended, a double jeopardy problem may arise. In Carawan v. State, 515 So.2d 161 (Fla.1987), the Florida Supreme Court articulated an analysis to be used in construing criminal statutes in cases where multiple punishments under different statutory provisions have been imposed for the commission of one act. First, consistent with the above referred United States Supreme Court decisions, absent a violation of a constitutional right, specific, clear and precise statements of legislative intent control regarding intended penalties. Only where no clear intent exists does any other rule of construction come into play. The courts never resort to rules of construction where the legislative intent is plain and unambiguous. Id. at 165.

Absent such clear expression of legislative intent, the court begins its analysis by assuming that the legislative branch ordinarily does not intend to punish the same offense under two different statutes. Carawan, 515 So.2d at 167; Ball v. United States, 470 U.S. 856, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985). The court next applies the Blockburger test to assist in determining legislative intent. The Blockburger test compares the elements of the crimes in question. The court must determine whether each offense as defined in the statute requires proof of a fact that the other does not, without regard to the accusatory pleadings or proof adduced at trial. See footnote 3 for statement of Blockburger rule. 4 According to Carawan, if they do not, the offenses are presumed to be the same, and multiple punishments are improper in the absence of express legislative authorization. This authorization must be explicit because of the presumption underlying the rule that the legislative branch does not ordinarily intend to punish the same offense twice. Carawan, 515 So.2d at 167.

On the other hand, if each offense requires proof of a fact that the other does not, the court then must find that the offenses in question are separate, and multiple punishments are presumed to be authorized in the absence of a contrary legislative intent or any reasonable basis for concluding that a contrary intent exists. 515 So.2d at 168. Where there is a basis for concluding that a contrary intent exists, then,...

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  • Williams v. Singletary
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    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
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    ...Slater v. State, 543 So.2d 424, 425 (Fla. 5th DCA 1989); Smith v. State, 541 So.2d 1275, 1276 (Fla. 1st DCA 1989); Spradley v. State, 537 So.2d 1058, 1061 (Fla. 1st DCA 1989). The analysis of the Spradley court is particularly In the instant case, appellant was convicted and sentenced for t......
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    ...2d DCA 1995); Watson v. State, 646 So.2d 288 (Fla. 2d DCA 1994); Bradley v. State, 540 So.2d 185 (Fla. 5th DCA 1989); Spradley v. State, 537 So.2d 1058 (Fla. 1st DCA 1989). Although the elements of simple battery are subsumed in first degree burglary, the elements of aggravated battery are ......
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    ...to constitutional grounds, it should do so. See Braggs v. State, 642 So.2d 129, 133 n. 10 (Fla. 3d DCA 1994); Spradley v. State, 537 So.2d 1058 (Fla. 1st DCA 1989); Smith v. State, 358 So.2d 1137, 1138 (Fla. 3d DCA At this point it is not clear that the United States Supreme Court has held ......
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