Atkins v. State, CASE NO. 1D15–4399

• Decision Date: 14 July 2017
• Docket Number: CASE NO. 1D15–4399
• Citation: 229 So.3d 402 (Mem)
• Parties: Eddie Lee ATKINS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

229 So.3d 402 (Mem)

Eddie Lee ATKINS, Appellant,

v.STATE of Florida, Appellee.

CASE NO. 1D15–4399

District Court of Appeal of Florida, First District.

Opinion filed July 14, 2017.

Andy Thomas, Public Defender, and Joanna A. Mauer, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Tayo Popoola, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Eddie Lee Atkins appeals his judgment of conviction and sentences for sexual battery, attempted sexual battery, burglary of a conveyance, and carjacking raising several issues. We find only one merits mention.

Appellant argues that his dual convictions for burglary of a conveyance and carjacking constitute double jeopardy. In furtherance of this argument he urges this Court to adopt the reasoning of Judge Sharp who dissented in Green v. State, 828 So.2d 462 (Fla. 5th DCA 2002). Instead, we concur with the majority's decision in Green which held that dual convictions for burglary of a conveyance and carjacking do not constitute double jeopardy because the offenses do not share identical elements and because neither is subsumed in the other. Id. at 464.

Because none of the issues raised on appeal warrant reversal, we AFFIRM the judgment and sentences.

LEWIS, BILBREY, and WINOKUR, JJ., CONCUR.