State v. Stearns, 645 So. 2d 417 (Fla. 1994). · Go Syfert
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State v. Stearns, 645 So. 2d 417 (Fla. 1994). Cases Citing This Book View Copy Cite
46 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. David Wayne Hull (ca3, 2006-07-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. David Wayne Hull (2×) also: Cited "see, e.g."
3rd Cir. · 2006 · confidence medium
App.1993) (same), with State v. Stearns, 645 So.2d 417, 418 (Fla.1994) (holding that armed burglary is a continuing offense).
cited Cited as authority (rule) Carson v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
This issue was addressed in State v. Stearns, 645 So.2d 417, 418 (Fla.1994).
cited Cited as authority (rule) MP v. State
Fla. · 1996 · confidence medium
State v. Stearns, 645 So.2d 417, 418 (Fla.1994).
discussed Cited "see" Page v. City of Fernandina Beach
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See City of Sarasota v. Mikos, 645 So.2d 417 (Fla.1994); McIntyre, 642 So.2d at 1074 ("We disapprove Page v. Fernandina Harbor Joint Venture, 608 So.2d 520 (Fla. 1st DCA 1992) to the extent that it may be read to grant ad valorem tax exemption to a nongovernmental lessee of governmental property that uses such property for governmental-proprietary purposes.").
discussed Cited "see" Hunter v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
Marrow v. State, 656 So.2d 579 (Fla. 1st DCA), review denied, 664 So.2d 249 (Fla.1995); see State v. Steams, 645 So.2d 417 (Fla.1994) (double jeopardy bars convictions and sentences for two offenses involving a firearm that arise from same criminal episode).
discussed Cited "see" Maxwell v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See State v. Stearns, 645 So.2d 417, 418 (Fla. 1994) (interpreting State v. Brown, 633 So.2d 1059 (Fla. 1994), as standing for proposition that "a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode").
discussed Cited "see" AJH v. State
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See State v. Stearns, 645 So.2d 417, 418 (Fla. 1994) (interpreting State v. Brown, 633 So.2d 1059 (Fla. 1994) as standing for proposition that "a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode").
discussed Cited "see" In the Interest of A.J.H. v. State
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See State v. Stearns, 645 So.2d 417, 418 (Fla.1994) (interpreting State v. Brown, 633 So.2d 1059 (Fla.1994) as standing for proposition that “a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode”).
discussed Cited "see, e.g." Bell v. State
Fla. Dist. Ct. App. · 1996 · signal: see also · confidence medium
See also State v. Stearns, 645 So.2d 417, 418 (Fla.1994) (interpreting State v. Brown, 633 So.2d 1059 (Fla. 1994), as standing for proposition that "a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode").
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Richard T. STEARNS, Jr., Respondent.
82826.
Supreme Court of Florida.
Nov 17, 1994.
645 So. 2d 417
Harding.
Cited by 24 opinions  |  Published

[*418] Robert A. Butterworth, Atty. Gen. and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for respondent.

HARDING, Justice.

We have for review Stearns v. State, 626 So.2d 254 (Fla. 5th DCA 1993), where the district court certified this question as one of great public importance:

WHETHER A DEFENDANT WHO, IN THE COURSE OF ONE CRIMINAL TRANSACTION OR EPISODE, COMMITS AND IS CONVICTED OF BURGLARY OF A STRUCTURE WHILE ARMED AND GRAND THEFT OF PROPERTY FOUND THEREIN MAY, CONSISTENT WITH DOUBLE JEOPARDY PRINCIPLES, ALSO BE CONVICTED OF CARRYING A CONCEALED WEAPON WHILE COMMITTING THE GRAND THEFT.

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

Stearns was convicted of burglary of a structure while armed, grand theft, and carrying a concealed weapon while committing a felony, to wit: grand theft. Stearns' burglary sentence was enhanced because of his possession of a firearm. The district court reversed his conviction and sentence for carrying a concealed weapon because:

Armed burglary, as contrasted with mere burglary, is, as defined in section 810.02(2), Florida Statutes, a continuing offense. The state cannot, consistent with double jeopardy principles, charge, convict, and sentence a defendant for two offenses for the single act of possession of one weapon.

Stearns, 626 So.2d at 255 (citations omitted).

We agree with the district court that armed burglary is a continuing offense. Thus, our recent decision in State v. Brown, 633 So.2d 1059 (Fla. 1994), resolves the case now before us. In Brown we held that a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode. Id. at 1060-61. In the instant case, therefore, double jeopardy bars the State from convicting and sentencing Stearns for two offenses involving a firearm that arose out of the same criminal episode.

Accordingly, we answer the certified question in the negative and approve the district court's decision reversing Stearns' conviction and sentence for carrying a concealed weapon while committing a felony.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.