Smart v. State, 94-2055

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore SCHWARTZ; SCHWARTZ
Citation652 So.2d 448
Parties20 Fla. L. Weekly D725 Eduardo SMART, Appellant, v. The STATE of Florida, Appellee.
Docket NumberNo. 94-2055,94-2055
Decision Date22 March 1995

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for appellee.


SCHWARTZ, Chief Judge.

Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant's sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993). See Sec. 775.021, Fla.Stat. (1993). Compare Sirmons v. State, 634 So.2d 153 (Fla.1994) (double jeopardy precludes separate convictions and sentences for armed robbery and theft of same vehicle); Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994) (double jeopardy precludes convictions and sentences for multiple counts of armed robbery when acts of taking were part of one comprehensive transaction to confiscate the sole victim's property); Nordelo v. State, 603 So.2d 36, 38 (Fla. 3d DCA 1992) (same).


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12 cases
  • Cruller v. State
    • United States
    • United States State Supreme Court of Florida
    • January 24, 2002
    ...the defendant was properly convicted for both of the separate offenses of robbery and carjacking." Id. (citing Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995)).1 The Third District, however, certified conflict with the First District's decision in Ward v. State, 730 So.2d 728 (Fla. 1st DCA......
  • Baptiste-Jean v. State, 3D06-2041.
    • United States
    • Court of Appeal of Florida (US)
    • April 9, 2008
    ...So.2d 1141 (Fla. 1st DCA 1999); Cruller v. State, 745 So.2d 512 (Fla. 3d DCA 1999), approved, 808 So.2d 201 (Fla.2002); Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995), review denied, 660 So.2d 714 (Fla.1995). On this basis, the case is very much like Ward v. State, 730 So.2d 728 (Fla. 1st......
  • Victor v. State, 3D99-3041.
    • United States
    • Court of Appeal of Florida (US)
    • August 16, 2000
    ...also Hayes v. State, 748 So.2d 1042 (Fla. 3d DCA 1999), review granted, No. SC96813, 761 So.2d 329 (Fla. Feb. 21, 2000); Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995). In Cruller, the defendant and an accomplice took the victim's car keys and wallet, and drove away in the stolen car. Thi......
  • Ponds v. State, 96-1844
    • United States
    • Court of Appeal of Florida (US)
    • May 9, 1997
    ...were prior, continuous events leading to the theft of the car. See Mason v. State, 665 So.2d 328 (Fla. 5th DCA 1995); Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995), rev. denied, 660 So.2d 714 AFFIRMED. DAUKSCH and GOSHORN, JJ., concur. --------------- 1 § 812.133(2)(a), Fla.Stat. 2 Troed......
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