Ward v. State, 97-3907

CourtCourt of Appeal of Florida (US)
Citation730 So.2d 728
Docket NumberNo. 97-3907,97-3907
PartiesLonnie WARD, Appellant, v. STATE of Florida, Appellee.
Decision Date20 April 1999

730 So.2d 728

Lonnie WARD, Appellant,
STATE of Florida, Appellee

No. 97-3907

District Court of Appeal of Florida, First District.

April 20, 1999.

Nancy A. Daniels, Public Defender; Tracy T. Murphy, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.



The state's motion for clarification is granted. We withdraw our earlier opinion, dated February 15, 1999, and substitute the following.

Appellant was convicted, following a jury trial, of armed robbery, armed carjacking and grand theft. He now argues (1) that his convictions of both armed robbery and armed carjacking violate the double jeopardy clauses of the state and federal constitutions because both arose out of a single act, and the elements of the latter are subsumed by the former; and (2) that the trial court should have granted his motion for a judgment of acquittal on the grand theft charge because the evidence was legally insufficient. Having carefully reviewed the record, we conclude that there was sufficient evidence

730 So.2d 729
from which a reasonable jury could have found that appellant had committed grand theft. Accordingly, we affirm that conviction without further discussion. However, we are constrained to reverse the armed carjacking conviction

Viewed in a light most favorable to the state, the evidence established that the victim had parked her vehicle in the lot of a store, and then went into the store to do some shopping. After she had finished shopping, she returned to her vehicle, pushing a cart. She opened the front passenger door and placed her purchases and her purse on the seat. As she was returning the cart, several young males, including appellant, approached her. One of them pointed a gun at the victim and told her to give them her keys and money. Appellant told the victim that the other male would shoot if she did not comply. Appellant then took the keys from the victim and gave them to one of the others. Then all of the young males, including appellant, got into the vehicle and drove off.

Following his apprehension, the state charged appellant with armed robbery, armed carjacking and theft of the vehicle that had been used to drive to the scene. The armed robbery charge was predicated upon the taking of the victim's keys, purse, checkbook and money. It is undisputed that the checkbook and money were in the purse which was, in turn, on the front seat of the vehicle.

Florida has legislatively adopted the test set forth in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), for the purpose of determining whether, in the absence of an express statement of legislative intent to punish them separately, offenses arising out of a single criminal transaction or episode may be separately punished. See § 775.021(4)(a), Fla. Stat. (1995) ("offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial"). Absent an express statement of legislative intent to punish separately two offenses arising out of a single criminal transaction or episode, double jeopardy bars separate convictions and sentences unless each offense requires proof of an element that the other does not. See M.P. v. State, 682 So.2d 79, 81 (Fla.1996).

Armed carjacking with a firearm is proscribed by section 812.133(2)(a), Florida Statutes (1995). The state concedes that all of the elements of that offense are subsumed by the offense of armed robbery with a firearm. § 812.13(2)(a), Fla. Stat. (1995). Moreover, there is nothing in either statute expressly authorizing separate convictions and sentences when both offenses arise out of a single criminal transaction or episode. Relying on Brown v. State, 430 So.2d 446 (Fla. 1983), the state argues that appellant's armed...

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11 cases
  • Lopez-Vazquez v. State, 5D04-4250.
    • United States
    • Court of Appeal of Florida (US)
    • 16 Junio 2006
    ...2d DCA 2005). But here it does not matter which shooting offense is lost because both are second-degree felonies. See Ward v. State, 730 So.2d 728 (Fla. 1st DCA 1999), abrogated on other grounds by Consiglio v. State, 818 So.2d 467 (Fla.2002). Therefore, we will leave it to the trial court ......
  • Cruller v. State
    • United States
    • United States State Supreme Court of Florida
    • 24 Enero 2002
    ...in which the Third District Court of Appeal certified conflict with the First District Court of Appeal's decision in Ward v. State, 730 So.2d 728 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we conclude that double jeopardy does no......
  • Baptiste-Jean v. State, 3D06-2041.
    • United States
    • Court of Appeal of Florida (US)
    • 9 Abril 2008
    ...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 DCA 1999), disapproved on other grounds by Cruller v. State, 808 So.2d 201 (Fla. 2002), in which car keys were forcibly taken from a su......
  • Victor v. State, 3D99-3041.
    • United States
    • Court of Appeal of Florida (US)
    • 16 Agosto 2000
    ...in time and each required separate criminal intent."). The defendant requests that we certify direct conflict with Ward v. State, 730 So.2d 728 (Fla. 1st DCA 1999), but we decline to do so, for there is no conflict. In Ward, the victim was in a shopping center parking lot where she opened h......
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