Florida District Courts of Appeal, 2015

Hankins v. State

Hankins v. State
Florida District Courts of Appeal · Decided May 22, 2015 · Berger, Palmer, Torpy
164 So. 3d 738; 2015 Fla. App. LEXIS 7712; 2015 WL 2414427 (Southern Reporter, Third Series)
Hankins v. State

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Leon Hankins timely appeals his judgment and sentences for attempted first-degree murder with a firearm, burglary of a dwelling with an assault or battery with a firearm, arson of a dwelling, aggravated battery with a firearm, and aggravated assault with a firearm. He argues his convictions for aggravated battery with a firearm and aggravated assault with a firearm violate double jeopardy because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm. The State properly concedes error. See McGhee v. State, 133 So.3d 1137, 1138-39 (Fla. 5th DCA 2014) (reversing conviction for aggravated assault with a firearm because it was subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm where offenses involved the same victim and occurred in the same incident); Farrier v. State, 145 So.3d 199, 199-200 (Fla. 5th DCA 2014) (“[reversing] both convictions for aggravated assault with a firearm because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm.”) We, therefore, reverse the convictions for aggravated battery with a firearm and aggravated assault with a firearm and remand to the trial court for entry of a corrected judgment. McGee, 133 So.3d at 1139. The remaining convictions are affirmed.

AFFIRMED in part; REVERSED in part; REMANDED TO CORRECT JUDGMENT.

TORPY, C.J., PALMER and BERGER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.