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543 So. 2d 416

543 So.2d 416

14 Fla.L.Weekly 1233

Jackson v. State

District Court of Appeal of Florida · decided 1989-05-18

Cited by 2 later decisions — most recently June 2001

2 state decisions

Relies on Schneble v. Florida · 474 So. 2d 1193 - Ramsey v. State · 519 So. 2d 622 - Staten v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-18

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COBB, Judge.

¶1The appellant, John T. Jackson, was convicted of second degree murder, manslaughter by culpable negligence, and accessory after the fact to murder or manslaughter. These convictions are based upon the killing of a man named Christopher Stamey by Jackson and one Scott McLeroy.

¶2Initially, we observe that Jackson cannot be convicted of killing Stamey twice. See Houser v. State, 474 So.2d 1193 (Fla.1985). When one conviction must fail, it should be the lesser. See State v. Barton, 523 So.2d 152 (Fla.1988). Moreover, it is legally impossible to be both a principal and an accessory to the same crime. Staten v. State, 519 So.2d 622 (Fla.1988). Therefore, the manslaughter and accessory convictions must be reversed.

¶3We find the admission of hearsay statements accredited to a nontestifying code-fendant not to be reversible error under the facts of this case. See Schneble v. Florida, 405 U.S. 427, 92 S.Ct. 1056, 31 L.Ed.2d 340 (1972).

¶4Accordingly, we affirm Jackson’s conviction for second degree murder, reverse his convictions for manslaughter and accessory after the fact, and remand for resentenc-ing.

¶5AFFIRMED in part; REVERSED in part; REMANDED.

DAUKSCH and ORFINGER, JJ., concur.
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