Public-domain · open source
OpenJurist

573 So. 2d 418

Alvin v. State

District Court of Appeal of Florida

Decided January 24, 1991

District Court of Appeal of Florida · decided 1991-01-24

Cited by 1 later decisions — most recently February 2006

1 state decisions

Relies on North Carolina v. Pearce · State v. Jones · 548 So. 2d 1112 - Alvin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-01-24

View the full empirical analysis of this case →

HARRIS, Judge.

¶1Eddie Alvin was convicted of first degree murder and sentenced to death. He was also convicted of attempted first degree murder, attempted armed robbery with a firearm, and attempted kidnapping with a firearm and was sentenced to a total of seventeen years concurrent with the death penalty.

¶2On appeal, the supreme court affirmed the trial court except that it vacated the death penalty and remanded for resentenc-ing. 548 So.2d 1112. The trial court then resentenced Alvin to life in prison consecutive to the remaining sentences.

¶3Alvin contends that this violates the doctrine of double jeopardy as enunciated by the United States Supreme Court in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). Pearcedoes not apply to this case because we find that a consecutive life sentence is not “a more severe sentence” than the previously imposed concurrent death penalty. See State v. Jones, 218 Neb. 713, 358 N.W.2d 765 (1984).

¶4AFFIRMED.

COBB and GRIFFIN, JJ., concur.
/573/so2d/418 · .json · Public domain