Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995). · Go Syfert
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Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
21 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Harris v. State (fladistctapp, 2001-05-02)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Harris v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
See Victor v. State, 774 So.2d 722 (Fla. 3d DCA 2000); Butler v. State, 753 So.2d 785, 786 (Fla. 3d DCA), rev. granted, 767 So.2d 454 (Fla. 2000); Cruller v. State, 745 So.2d 512, 512 (Fla. 3d DCA 1999), rev. granted, 762 So.2d 916 (Fla.2000); Simboli v. State, 728 So.2d 792, 793 (Fla. 5th DCA 1999); Howard v. State, 723 So.2d 863, 864 (Fla. 1st DCA 1998); Smart v. State, 652 So.2d 448, 448 (Fla. 3d DCA 1995).
cited Cited "see" Cruller v. State
Fla. · 2002 · signal: see · confidence high
See id.
cited Cited "see" Rosales v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Russell v. State, 652 So.2d 448 (Fla. 3d DCA 1995).
cited Cited "see" Russell v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Russell v. State, 652 So.2d 448 (Fla. 3d DCA 1995).
discussed Cited "see, e.g." Simboli v. State
Fla. Dist. Ct. App. · 1999 · signal: see also · confidence low
See also, Smart v. State, 652 So.2d 448 (Fla. 3d DCA), rev. denied, 660 So.2d 714 (Fla. 1995) (robbery of victim's wallet and jewelry and then his car constitutes two separate crimes under separate statutes).
cited Cited "see, e.g." Springer v. State
Fla. Dist. Ct. App. · 1995 · signal: compare · confidence low
Compare Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995).
Retrieving the full opinion text from the archive…
Eduardo SMART, Appellant,
v.
The STATE of Florida, Appellee.
94-2055.
District Court of Appeal of Florida, Third District.
Mar 22, 1995.
652 So. 2d 448
Schwartz, C.J., and Barkdull and Baskin.
Cited by 10 opinions  |  Published

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.

SCHWARTZ, Chief Judge.

Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant's sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993). See § 775.021, Fla. Stat. (1993). Compare Sirmons v. State, 634 So.2d 153 (Fla. 1994) (double jeopardy precludes separate convictions and sentences for armed robbery and theft of same vehicle); Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994) (double jeopardy precludes convictions and sentences for multiple counts of armed robbery when acts of taking were part of one comprehensive transaction to confiscate the sole victim's property); Nordelo v. State, 603 So.2d 36, 38 (Fla. 3d DCA 1992) (same).

Affirmed.