Florant v. State

District Court of Appeal of Florida

Florant v. State

849 So. 2d 1181, 2003 Fla. App. LEXIS 11082, 2003 WL 21697187

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 2003

DocketNo. 3D02-207

StatusPublished

Cited by1 cases

This text of 849 So. 2d 1181 (Florant v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florant v. State, 849 So. 2d 1181, 2003 Fla. App. LEXIS 11082, 2003 WL 21697187 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

George Saint Florant appeals his convictions for armed robbery, home-invasion robbery, kidnapping, and burglary with an assault. We affirm in part and reverse in part.

The State concedes that the home invasion conviction is subsumed within the conviction for burglary with an assault. Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA 1998). We remand for the striking of the home-invasion robbery conviction, and for a new sentencing hearing on a recalculated guidelines scoresheet.

We find no merit to the claim of discovery error under Richardson v. State, 246 So.2d 771 (Fla.1971). Assuming for purposes of this discussion that the error was chargeable to the State, rather than a failure to communicate between defense co-counsel, the error was in any event corrected when the trial court made provision for the defense to take the deposition of the witness whom the defense had not previously been able to depose. This was an entirely appropriate solution, and there was no defense objection to this procedure.

Affirmed in part, reversed in part, and remanded for resentencing.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

George Saint Florant appeals his convictions for armed robbery, home-invasion robbery, kidnapping, and burglary with an assault. We affirm in part and reverse in part.

The State concedes that the home invasion conviction is subsumed within the conviction for burglary with an assault. Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA 1998). We remand for the striking of the home-invasion robbery conviction, and for a new sentencing hearing on a recalculated guidelines scoresheet.

We find no merit to the claim of discovery error under Richardson v. State, 246 So.2d 771 (Fla.1971). Assuming for purposes of this discussion that the error was chargeable to the State, rather than a failure to communicate between defense co-counsel, the error was in any event corrected when the trial court made provision for the defense to take the deposition of the witness whom the defense had not previously been able to depose. This was an entirely appropriate solution, and there was no defense objection to this procedure.

Affirmed in part, reversed in part, and remanded for resentencing.

Cite This Page — Counsel Stack

Bluebook (online)

849 So. 2d 1181, 2003 Fla. App. LEXIS 11082, 2003 WL 21697187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florant-v-state-fladistctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack