Hankins v. State

District Court of Appeal of Florida

Hankins v. State

164 So. 3d 738, 2015 Fla. App. LEXIS 7712, 2015 WL 2414427

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 2015

DocketNo. 5D14-624

StatusPublished

Cited by4 cases

This text of 164 So. 3d 738 (Hankins 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

Hankins v. State, 164 So. 3d 738, 2015 Fla. App. LEXIS 7712, 2015 WL 2414427 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Leon Hankins timely appeals his judgment and sentences for attempted first-degree murder with a firearm, burglary of a dwelling with an assault or battery with a firearm, arson of a dwelling, aggravated battery with a firearm, and aggravated assault with a firearm. He argues his convictions for aggravated battery with a firearm and aggravated assault with a firearm violate double jeopardy because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm. The State properly concedes error. See McGhee v. State, 133 So.3d 1137, 1138-39 (Fla. 5th DCA 2014) (reversing conviction for aggravated assault with a firearm because it was subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm where offenses involved the same victim and occurred in the same incident); Farrier v. State, 145 So.3d 199, 199-200 (Fla. 5th DCA 2014) (“[reversing] both convictions for aggravated assault with a firearm because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm.”) We, therefore, reverse the convictions for aggravated battery with a firearm and aggravated assault with a firearm and remand to the trial court for entry of a corrected judgment. McGee, 133 So.3d at 1139. The remaining convictions are affirmed.

AFFIRMED in part; REVERSED in part; REMANDED TO CORRECT JUDGMENT.

TORPY, C.J., PALMER and BERGER, JJ., concur.

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PER CURIAM.

Leon Hankins timely appeals his judgment and sentences for attempted first-degree murder with a firearm, burglary of a dwelling with an assault or battery with a firearm, arson of a dwelling, aggravated battery with a firearm, and aggravated assault with a firearm. He argues his convictions for aggravated battery with a firearm and aggravated assault with a firearm violate double jeopardy because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm. The State properly concedes error. See McGhee v. State, 133 So.3d 1137, 1138-39 (Fla. 5th DCA 2014) (reversing conviction for aggravated assault with a firearm because it was subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm where offenses involved the same victim and occurred in the same incident); Farrier v. State, 145 So.3d 199, 199-200 (Fla. 5th DCA 2014) (“[reversing] both convictions for aggravated assault with a firearm because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm.”) We, therefore, reverse the convictions for aggravated battery with a firearm and aggravated assault with a firearm and remand to the trial court for entry of a corrected judgment. McGee, 133 So.3d at 1139. The remaining convictions are affirmed.

AFFIRMED in part; REVERSED in part; REMANDED TO CORRECT JUDGMENT.

TORPY, C.J., PALMER and BERGER, JJ., concur.

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Bluebook (online)

164 So. 3d 738, 2015 Fla. App. LEXIS 7712, 2015 WL 2414427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hankins-v-state-fladistctapp-2015.

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