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652 So. 2d 448

Docket No. 94-2055.

Smart v. State

Eduardo SMART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1995-03-22

Cited by 14 later decisions — most recently April 2008

14 state decisions

Key passage — most relied on by later courts

“convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993).”

quoted by 2 later decisions, including 808 So. 2d 201 - Cruller v. State, 730 So. 2d 728 - Ward v. State

Relies on 634 So. 2d 153 - Sirmons v. State · 603 So. 2d 36 - Nordelo v. State · Fraley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-22

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.

¶4SCHWARTZ, Chief Judge.

¶5Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant's sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993). See § 775.021, Fla. Stat. (1993). Compare Sirmons v. State,634 So.2d 153 (Fla. 1994) (double jeopardy precludes separate convictions and sentences for armed robbery and theft of same vehicle); Fraley v. State,641 So.2d 128 (Fla. 3d DCA 1994) (double jeopardy precludes convictions and sentences for multiple counts of armed robbery when acts of taking were part of one comprehensive transaction to confiscate the sole victim's property); Nordelo v. State,603 So.2d 36, 38 (Fla. 3d DCA 1992) (same).

¶6Affirmed.

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