Washington v. State
Washington v. State
Opinion of the Court
Brandon Washington (defendant) appeals his judgment and sentences, entered by the trial court on the charges of armed burglary of a dwelling and attempted armed home-invasion robbery. We reverse the defendant’s conviction and sentence for attempted armed home-invasion robbery on double jeopardy grounds.
The State charged the defendant with, among other offenses, armed burglary of a dwelling
The defendant argues that the trial court violated the prohibition against double jeopardy by entering a conviction and sentence on both the armed burglary of a dwelling conviction and the attempted armed home-invasion robbery conviction because both convictions arose out of the same incident.
Accordingly, the defendant’s conviction and sentence for attempted armed home-invasion robbery are reversed. We affirm in all other respects.
AFFIRMED in part; REVERSED in part; and REMANDED.
. See § 810.02, Fla. Stat. (2007).
. See §§ 812.135, 777.04, Fla. Stat. (2007).
. Although the defendant did not raise any double jeopardy claim below, a double jeopardy violation constitutes fundamental error which can be raised for the first time on direct appeal. Bell v. State, 114 So.3d 229, 230 (Fla. 5th DCA 2013) (citing to Bailey v. State, 21 So.3d 147 (Fla. 5th DCA 2009)).
Reference
- Full Case Name
- Brandon E. WASHINGTON v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published