Florida District Courts of Appeal, 2015

Casar v. State

Casar v. State
Florida District Courts of Appeal · Decided May 15, 2015 · Cohen, Edwards, Evander
163 So. 3d 1239; 2015 Fla. App. LEXIS 7272; 2015 WL 2259407 (Southern Reporter, Third Series)

Casar v. State

Opinion of the Court

PER CURIAM.

The State properly concedes that one of Casar’s two convictions for aggravated assault with a firearm is required to be vacated on double jeopardy grounds. See Estremera v. State, 107 So.3d 511 (Fla. 5th DCA 2013) (concluding that all elements of crime of aggravated assault with firearm are contained within crime of burglary with assault while armed with firearm; therefore, convictions for both violate prohibition against double jeopardy); see also McGhee v. State, 133 So.3d 1137, 1138 (Fla. 5th DCA 2014). Casar’s convictions and sentences are otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, COHEN and EDWARDS, JJ., concur.

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