Figgs v. State, 123 So. 3d 680 (Fla. 5th DCA 2013). · Go Syfert
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Figgs v. State, 123 So. 3d 680 (Fla. 5th DCA 2013). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Isaac G. Chappell, Jr. v. State (fladistctapp, 2016-06-24) · Strongest negative: State of West Virginia v. Gina Marie Jerrome (wva, 2014-05-08)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "but see" State of West Virginia v. Gina Marie Jerrome (2×)
W. Va. · 2014 · signal: but see · confidence high
But see C.G. v. State, 123 So. 3d 680, 682 (Fla. Dist.
cited Cited as authority (rule) Isaac G. Chappell, Jr. v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
See id.; C.G. v. State, 123 So.3d 680, 682 (Fla. 5th DCA 2013).
discussed Cited "see" William T. Martin v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See C.G. v. State, 123 So.3d 680, 681-82 (Fla. 5th DCA 2013) (holding that evidence was insufficient to establish value of stolen cellular telephone at $100 or more, and thus was insufficient to support conviction for first-degree petit theft, notwithstanding victim’s testimony that he paid approximately $200 for phone six months before theft, that he purchased case for phone and protective screen for glass right after purchasing it, and that phone was in good condition at time it was stolen; phone’s value was not so obvious as to defy contradiction, state did not attempt to establish valu…
Retrieving the full opinion text from the archive…
David FIGGS
v.
STATE of Florida
No. 5D11-4221.
District Court of Appeal of Florida, Fifth District.
Oct 18, 2013.
123 So. 3d 680
James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Berger, Orfinger, Palmer.
Published
PALMER, J.

David Figgs (defendant) timely appeals his sentences for carjacking with a firearm[1] , aggravated assault[2] , and armed robbery.[3] He contends that the trial court committed fundamental error in adjudicating him guilty and sentencing him on both the armed robbery and the carjacking with a firearm charges because the only item he took from the victim was the key to the car that he carjacked. The State properly concedes that the defendant’s dual convictions violate double jeopardy. See Hanfield v. State, 40 So.3d 905 (Fla. 4th DCA 2010); Price v. State, 816 So.2d 738 (Fla. 3d DCA 2002). Therefore, we reverse the defendant’s conviction for carjacking with a firearm and direct the trial court to vacate that conviction and sentence. We affirm the defendant’s other convictions and sentences.

AFFIRMED in part; REVERSED in part; REMANDED.

ORFINGER and BERGER, JJ., concur.
1

§ 812.133, Fla. Stat. (2013).

2

§ 784.021, Fla. Stat. (2013).

3

§ 812.13(l)-(2)(a), Fla. Stat. (2013).