Young v. State, 5D01-1634.
Decision Date | 11 October 2002 |
Docket Number | No. 5D01-1634.,5D01-1634. |
Citation | 827 So.2d 1075 |
Parties | William Edward YOUNG, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
William Edward Young ("Young") appeals his convictions for simple battery and for violation of an injunction by repeat violence. Young contends that the proscription against double jeopardy bars the dual convictions, and the trial court erred in denying his motion for a mistrial. We agree that the convictions for simple battery and violation of an injunction enjoining battery are barred. However, we find no error in the denial of Young's motion for a mistrial.
Young argues that his convictions for violating the injunction against repeat violence1 and simple battery2 constitute a violation of double jeopardy principles. Double jeopardy rights are fundamental and can be raised at any time. See Holliday v. State, 781 So.2d 496 (Fla. 5th DCA 2001). The prevailing standard for determining the constitutionality of multiple convictions for offenses arising from the same criminal transaction is whether the legislature intended to authorize separate punishments for the two crimes. Gordon v. State, 780 So.2d 17, 19 (Fla. 2001). Absent a clear statement of legislative intent to authorize separate punishments for two crimes, courts employ the Blockburger3 test, codified in section 775.021, Florida Statutes (2000), to determine whether separate offenses exist. Id. at 19-20.
Section 775.021(4) provides:
Thus, the Blockburger test, or the "same-elements" test, inquires whether each offense has an element that the other does not. Id. at 20. If so, then they are considered separate offenses, and the defendant may be convicted and punished for each offense. Id.
In the instant case, Young was convicted of violating section 784.047, Florida Statutes (2000), which proscribes willfully violating an injunction for protection against repeat violence by committing an act of repeat violence against the petitioner. Section 784.046(1)(a) defines violence as, "any assault, battery, sexual battery, or stalking by a person against any other person." (Emphasis added). Thus, section 784.047 is violated by willfully committing an enumerated act of violence. Young was convicted of violating the injunction by committing a battery. Because the crime of battery does not contain any elements distinct from the elements of a violation of section 784.047, the crimes are not separate under the Blockburger test. Compare, State v. Johnson, 676 So.2d 408 (Fla. 1996) ( ).
Furthermore, we conclude that in the instant case the crime of battery was subsumed by the crime of violating the injunction. Section 775.021(4)(b) provides that the intent of the legislature is to convict and sentence for each criminal offense committed in the course of one criminal episode, but section 775.021(4)(b) 3. excepts "Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense." In the companion case in United States v. Dixon, 509 U.S. 688, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993), which involved seriatim prosecutions, Michael Foster's wife obtained a civil protection order ("CPO") against him because of alleged physical attacks. Id. at 692, 113 S.Ct. 2849. The CPO required that Foster not, "molest, assault, or in any manner threaten or physically abuse" his wife. Id. (emphasis added). Foster subsequently attacked his wife and was charged with...
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