Cruller v. State

808 So. 2d 201, 2002 WL 87367
CourtSupreme Court of Florida
DecidedJanuary 24, 2002
DocketSC99-49
StatusPublished
Cited by33 cases

This text of 808 So. 2d 201 (Cruller v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cruller v. State, 808 So. 2d 201, 2002 WL 87367 (Fla. 2002).

Opinion

808 So.2d 201 (2002)

James CRULLER, Petitioner,
v.
STATE of Florida, Respondent.

No. SC99-49.

Supreme Court of Florida.

January 24, 2002.

*202 Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Robert A. Butterworth, Attorney General, Michael J. Neimand, Senior Assistant Attorney General, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, FL, for Respondent.

HARDING, J.

We have for review Cruller v. State, 745 So.2d 512, 512 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the First District Court of Appeal's decision in Ward v. State, 730 So.2d 728 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we conclude that double jeopardy does not bar convictions and punishments for robbery and carjacking.

FACTS

Petitioner James Cruller was convicted of robbery without a firearm in violation of section 812.13, Florida Statutes (1995), and carjacking without a firearm in violation of section 812.133, Florida Statutes (1995). See Cruller, 745 So.2d at 512.

Cruller's convictions stemmed from an incident in which he and an accomplice robbed the victim of his wallet, car keys, and motor vehicle after following the victim home. See id. While standing outside the victim's automobile, the accomplice pointed a gun at the victim's head and demanded his car keys. At that time, Cruller reached into the victim's pocket and stole the victim's wallet. Immediately thereafter, utilizing the stolen car keys, Cruller and his accomplice drove away in the victim's motor vehicle. See id. Cruller was charged in the information with one count of armed robbery based on theft of a wallet and money, and in a second count with armed carjacking based on the theft of the motor vehicle.

On appeal, Cruller argued that the record supported only one forceful taking of the victim's property and, therefore, his constitutional protection against double jeopardy prevented dual convictions for both robbery and carjacking. The Third District disagreed and held that "under these circumstances the defendant was properly convicted for both of the separate offenses of robbery and carjacking." Id. (citing Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995)).[1] The Third District, however, certified conflict with the First District's decision in Ward v. State, 730 So.2d 728 (Fla. 1st DCA 1999). See Cruller, 745 So.2d at 512.

THE CONFLICT CASE

In contrast to Cruller, the First District in Ward held that the defendant could not be convicted of both armed robbery and carjacking under nearly identical factual circumstances to those in Cruller. See 730 So.2d at 729-30. The First District summarized the facts in Ward as follows:

[T]he evidence established that the victim had parked her vehicle in the lot of a store, and then went into the store to do some shopping. After she had finished *203 shopping, she returned to her vehicle, pushing a cart. She opened the front passenger door and placed her purchases and her purse on the seat. As she was returning the cart, several young males, including appellant, approached her. One of them pointed a gun at the victim and told her to give them her keys and money. Appellant told the victim that the other male would shoot if she did not comply. Appellant then took the keys from the victim and gave them to one of the others. Then all of the young males, including appellant, got into the vehicle and drove off.

Id. at 729. The armed robbery charge was predicated upon the taking of the victim's keys, purse, checkbook, and money, whereas the carjacking charge was predicated upon the taking of the victim's automobile. See id.

On appeal, Ward challenged his convictions for robbery and carjacking, arguing that dual convictions for these offenses violated the Double Jeopardy Clauses of the State and federal constitutions because the convictions arose out of a single criminal act. See id. at 728. The First District reversed Ward's armed carjacking conviction, concluding that "there was only one `forceful taking.' All of the victim's property was taken as part of the same criminal transaction or episode, without any temporal or geographic break." Id. at 729-30. After applying the Blockburger[2] test, codified in section 775.021(4)(a), Florida Statutes (1995), for determining whether convictions for multiple crimes stemming from one criminal episode violated double jeopardy, the First District noted that the State conceded that armed carjacking and armed robbery contain the same statutory elements. See Ward, 730 So.2d at 729. The First District held that, under the circumstances, Ward could not be convicted of both robbery and carjacking. See id. at 730.

ANALYSIS

Cruller contends that his convictions for robbery and carjacking violate the principle of double jeopardy. The Double Jeopardy Clause protects criminal defendants from multiple convictions and punishments for the same offense. The standard for determining the constitutionality of multiple convictions for offenses arising from the same criminal transaction is whether the Legislature "intended to authorize separate punishments for the two crimes." M.P. v. State, 682 So.2d 79, 81 (Fla.1996). Section 812.13(1), Florida Statutes (1995), defines "robbery" as

the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

Section 812.133(1), Florida Statutes (1995), defines "carjacking" as

the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

We find that the language, structure, and legislative history of the carjacking statute represent a clear statement from the Legislature that it intended to authorize separate punishments for carjacking and robbery, when the indictment for robbery lists *204 property other than a motor vehicle.[3]Cf. Garrett v. United States, 471 U.S. 773, 779, 105 S.Ct. 2407, 85 L.Ed.2d 764 (1985) ("The language, structure, and legislative history of the Comprehensive Drug Abuse, Prevention and Control Act of 1970, however, show in the plainest way that Congress intended the CCE provision to be a separate criminal offense which was punishable in addition to, and not as a substitute for, the predicate offenses."). The language of the carjacking statute mirrors the language of the robbery statute with one exception—carjacking pertains only to motor vehicles whereas robbery pertains to all property. The carjacking statute is a very specific subset of the more general robbery statute.

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Bluebook (online)
808 So. 2d 201, 2002 WL 87367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruller-v-state-fla-2002.