Public-domain · open source
OpenJurist

451 So. 2d 484

Bogard v. State

District Court of Appeal of Florida

Decided February 15, 1984

District Court of Appeal of Florida · decided 1984-02-15

Cited by 3 later decisions — most recently February 1989

3 state decisions

Relies on Blockburger v. United States · 437 So. 2d 1057 - Bell v. State · Borges v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-02-15

View the full empirical analysis of this case →

PER CURIAM.

¶1Larry 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.

¶2Having 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(l)(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.

¶3Accordingly, 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.

¶4Affirmed in part; reversed in part; and remanded.

ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.
/451/so2d/484 · .json · Public domain