(Download) "Hayes V. State" by Florida Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Hayes V. State
- Author : Florida Supreme Court
- Release Date : January 21, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
We have for review Hayes v. State, 748 So. 2d 1042, 1045 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the Fifth District Court of Appeal's decision in Castelberry v. State, 402 So. 2d 1231 (Fla. 5th DCA 1981), on the issue of whether a defendant may be separately convicted of both armed robbery and grand theft of a motor vehicle where the defendant steals various items from inside a victim's residence, including the victim's car keys, and then proceeds outside the residence to steal the victim's motor vehicle utilizing these keys. *fn1 We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We conclude that where there is a geographic and temporal separation in the taking of separate property, including a motor vehicle, from one victim, the defendant may be convicted of both armed robbery of that separate property and grand theft of a motor vehicle without violating the prohibition against double jeopardy.
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