Jarrett v. State

District Court of Appeal of Florida

Jarrett v. State

675 So. 2d 226, 1996 Fla. App. LEXIS 6326

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 1996

DocketNo. 95-963

StatusPublished

Cited by1 cases

This text of 675 So. 2d 226 (Jarrett 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.

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Jarrett v. State, 675 So. 2d 226, 1996 Fla. App. LEXIS 6326 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

The defendant appeals his convictions for the crimes of felony murder and robbery with a firearm, said robbery constituting the underlying felony for the murder conviction. We find no merit in the first six issues raised on appeal, and affirm in regard thereto. The seventh issue raised by Jarrett is his contention that he cannot be convicted of both felony murder and the underlying felony because of double jeopardy considerations. This latter issue currently is pending before the Florida Supreme Court. See Boler v. State, 654 So.2d 603 (Fla. 5th DCA 1995), rev. granted, 658 So.2d 989 (Fla.1995). We certify the same question for resolution: “May a defendant in Florida be separately convicted and sentenced for both felony murder and the qualifying felony even in the same prosecution?”

AFFIRMED IN PART; QUESTION CERTIFIED.

PETERSON, C.J., and COBB and W. SHARP, JJ., concur.

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PER CURIAM.

The defendant appeals his convictions for the crimes of felony murder and robbery with a firearm, said robbery constituting the underlying felony for the murder conviction. We find no merit in the first six issues raised on appeal, and affirm in regard thereto. The seventh issue raised by Jarrett is his contention that he cannot be convicted of both felony murder and the underlying felony because of double jeopardy considerations. This latter issue currently is pending before the Florida Supreme Court. See Boler v. State, 654 So.2d 603 (Fla. 5th DCA 1995), rev. granted, 658 So.2d 989 (Fla.1995). We certify the same question for resolution: “May a defendant in Florida be separately convicted and sentenced for both felony murder and the qualifying felony even in the same prosecution?”

AFFIRMED IN PART; QUESTION CERTIFIED.

PETERSON, C.J., and COBB and W. SHARP, JJ., concur.

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675 So. 2d 226, 1996 Fla. App. LEXIS 6326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarrett-v-state-fladistctapp-1996.

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