Brown v. State

Supreme Court of Florida March 15, 2001

Brown v. State, 781 So. 2d 1083 (Fla. 2001)

26 Fla. L. Weekly Supp. 168; 2001 Fla. LEXIS 517; 2001 WL 252120

Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells

Dissenting Opinion

QUINCE, J.,

dissenting.

I dissent for the reasons stated in my dissent in Gordon v. State, 780 So.2d 17 (Fla. 2001).

Opinion of the Court

PER CURIAM.

We have for review a decision on the following question certified to be of great public importance:

DO CONVICTIONS FOR ATTEMPTED FIRST DEGREE MURDER AND FELONY CAUSING BODILY INJURY ON ACCOUNT OF THE SAME ACT AMOUNT TO DOUBLE JEOPARDY?

Brown v. State, 761 So.2d 1135 (Fla. 1st DCA 2000). We have jurisdiction. Art. V, § 3(b)(4),- Fla. Const. For the reasons expressed, in Gordon v. State, 780 So.2d 17 (Fla. 2001), we answer the certified question in the negative and approve the First District’s decision.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion.

Reference

Full Case Name: Harold Eugene BROWN v. STATE of Florida
Status: Published