State v. Dixon

Supreme Court of Florida
State v. Dixon, 477 So. 2d 1008 (Fla. 1985)
10 Fla. L. Weekly 578; 1985 Fla. LEXIS 3938
Adkins, Boyd, Ehrlich, McDonald, Overton, Shaw

State v. Dixon

Opinion of the Court

ADKINS, Justice.

We have for review the decision of Dixon v. State, 463 So.2d 342 (Fla. 2d DCA 1985), in which the Second District Court of Appeal certified the exact same question it previously certified to us in State v. Enmund, 476 So.2d 165 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In Enmund, we held that a defendant can be convicted of and sentenced for both felony murder and the underlying felony.

Accordingly, we quash the opinion of the district court.

It is so ordered.

BOYD, C.J., and McDONALD, EHRLICH and SHAW, JJ., concur. OVERTON, J., dissents with an opinion.

Dissenting Opinion

OVERTON, Justice,

dissenting.

I dissent for the reasons expressed in my concurring and dissenting opinion in State v. Enmund, 476 So.2d 165 (Fla. 1985).

Reference

Full Case Name
STATE of Florida v. Robert Lee DIXON
Status
Published