Gaither v. State
Gaither v. State
Opinion of the Court
Count 3 of a five-count information alleged that appellant carried a concealed .25
Because the charging language requires proof of each and every element of count 3 for conviction under count 5, count 3 is a “category 2” lesser-included offense within count 5. See Fla.Std. Jury Instr. (Crim.) Schedule of Lesser Included Offenses, p. 261-62. Principles of double jeopardy preclude convictions and sentences for both offenses. Bell v. State, 437 So.2d 1057 (Fla. 1983).
Accordingly, appellant’s conviction and sentence for carrying a concealed weapon are REVERSED.
Reference
- Full Case Name
- Gary GAITHER v. STATE of Florida
- Cited By
- 1 case
- Status
- Published