Taylor v. State
Taylor v. State
Opinion of the Court
This cause is before us on appeal of appellant’s convictions for attempted second-degree murder with a firearm and shooting into an occupied dwelling. Although appellant contends that the dual convictions stemmed from a single act and therefore violated double jeopardy principles under Carawan v. State, 515 So.2d 161 (Fla. 1987), we affirm.
Additionally, we find this case distinguishable from Torres v. State, 527 So.2d 272 (Fla. 3d DCA 1988), review denied, 536 So.2d 246 (Fla. 1988), because the instant offense took place after the Legislature amended Section 775.021(4)(a), Florida Statutes, to provide that “[w]hoever in the course of one criminal transaction or episode commits an act or acts which constitute one or more separate criminal offenses upon conviction and adjudication of guilt shall be sentenced separately for each criminal offense.” Because the retroactivity concerns expressed in Heath v. State, 532 So.2d 9 (Fla. 1st DCA 1988), are not at issue sub judice, we affirm.
Reference
- Full Case Name
- Alphonsa TAYLOR v. STATE of Florida
- Cited By
- 1 case
- Status
- Published