Bogard v. State, 83-95
| Decision Date | 15 February 1984 |
| Docket Number | No. 83-95,83-95 |
| Citation | 451 So.2d 484 |
| Parties | Larry Douglas BOGARD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Ray Sandstrom of Sandstrom & Haddad, Fort Lauderdale, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.
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.
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Akins v. State
...a felony (§ 790.07(2), Fla.Stat. (1983)) and the underlying felony upon which the use of firearm offense is based, see Bogard v. State, 451 So.2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So.2d 677 (Fla. 4th DCA 1984); Jackson v. State, 436 So.2d 1101 (Fla. 4th DCA 1983). But see State......
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Brown v. State, 88-983
...Contra, Teemer v. State, 531 So.2d 748 (Fla. 5th DCA 1988); Clark v. State, 530 So.2d 519 (Fla. 5th DCA 1988). See also Bogard v. State, 451 So.2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So.2d 677 (Fla. 4th DCA 1984) and Jackson v. State, 436 So.2d 1101 (Fla. 4th DCA 1983). The point......
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O'Brien v. State
...offense (§ 790.07(2), Fla.Stat.) and its underlying felony, see Jackson v. State, 436 So.2d 1101 (Fla. 4th DCA 1983); Bogard v. State, 451 So.2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So.2d 677 (Fla. 4th DCA 1984). If by Gibson the Florida Supreme Court has foreclosed its considerat......