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677 So. 2d 22

Docket No. 95-2836.

Black v. State

Emmett BLACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 19, 1996.

Rehearing or Clarification Denied August 15, 1996.

District Court of Appeal of Florida · decided 1996-06-19

Key passage — most relied on by later courts

“[a]ll of the elements of burglary are included in the offense of home invasion robbery, of which appellant was also convicted”

quoted by 2 later decisions, including 956 So. 2d 1254 - Coleman v. State, 984 So. 2d 542 - Schulterbrandt v. State

Relies on 488 So. 2d 523 - State v. Mischler · 634 So. 2d 153 - Sirmons v. State · 660 So. 2d 269 - State v. Darrisaw

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-19

How this case has been cited

Cited by 14 later decisions — most recently July 2016

14 state decisions

50199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

¶3GUNTHER, Chief Judge.

¶4We reverse and vacate appellant's conviction of and sentence for burglary. All of the elements of burglary are included in the offense of home invasion robbery, of which appellant was also convicted. See § 775.021(4)(b)1 Fla. Stat. (1995); Sirmons v. State,634 So.2d 153, 155 (Fla.1994) (Kogan, J., concurring); Cf. Elmy v. State,667 So.2d 392 (Fla. 1st DCA 1995).

¶5We remand for preparation of a new and accurate sentencing guidelines scoresheet and resentencing of appellant based on the remaining offenses of which he was adjudicated guilty. We note that of the several reasons for upward departure previously stated, none with the possible exception of an escalating pattern of criminal conduct appeared to be sufficient in light of the record. See State v. Mischler,488 So.2d 523, 525 (Fla.1986). As to what constitutes an escalating pattern of criminal conduct, see State v. Darrisaw,660 So.2d 269 (Fla.1995); Miller v. State,669 So.2d 1118 (Fla. 4th DCA 1996).

¶6REVERSED AND REMANDED.

¶7GLICKSTEIN and DELL, JJ., concur.

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