Davis v. State

Tyrone DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 12, 2001.

District Court of Appeal of Florida · decided 2001-01-12

Cited by 3 later decisions — most recently September 2004

3 state decisions

Relies on 770 So. 2d 152 - In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a) · Sneed v. State · 745 So. 2d 1119 - Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-01-12

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¶1James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Tyrone Davis, Lowell, pro se.

¶3Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

¶4COBB, J.

¶5The appellant, Tyrone Davis, was tried and convicted of robbery with a firearm and one count of grand theft, third degree. The grand theft was a lesser included offense of the robbery because there was a single taking. Taylor v. State, 751 So.2d 659 (Fla. 5th DCA 1999), rev. denied, 770 So.2d 161 (Fla.2000). This double jeopardy violation constitutes fundamental error. See Thomas v. State, 745 So.2d 1119 (Fla. 5th DCA 1999); Sneed v. State, 749 So.2d 545 (Fla. 4th DCA 2000).

¶6 *428 Accordingly, we reverse the judgment and sentence in regard to grand theft and remand for resentencing.

¶7AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

¶8PETERSON and PLEUS, JJ., concur.