section 775.021 rule of statutory (Florida) · Go Syfert
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section 775.021 rule of statutory in Florida

5 Florida opinions name it 2 courts 1982–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State of Florida v. Jose Maisonet-Maldonadogreen
fla · 2020 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024The Court in Maisonet-Maldonado held that the statutory language of section 775.021(4), Florida Statutes (2010), “clearly expresses that offenses which pass the codified Blockburger test should be punished separately and that there is no exception for offenses arising from a single death.” Id. at 69.

11
State of Florida v. Dean Alden Shelleygreen
fla · 2015 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020A. Double Jeopardy Principles and the Single Homicide Rule “As this Court has explained, both the United States and Florida Constitutions contain double jeopardy clauses that ‘prohibit[ ] subjecting a person to multiple prosecutions, convictions, and punishments for the same criminal offense.’ ” State v. Shelley, 176 So. 3d 914, 917 (Fla. 2015) (alteration in original) (quoting Valdes v. State, 3 So. 3d 1067, 1069 (Fla. 2009)).

11
Valdes v. Stategreen
fla · 2009 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020A. Double Jeopardy Principles and the Single Homicide Rule “As this Court has explained, both the United States and Florida Constitutions contain double jeopardy clauses that ‘prohibit[ ] subjecting a person to multiple prosecutions, convictions, and punishments for the same criminal offense.’ ” State v. Shelley, 176 So. 3d 914, 917 (Fla. 2015) (alteration in original) (quoting Valdes v. State, 3 So. 3d 1067, 1069 (Fla. 2009)).

11
Jones v. Stategreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Multiple convictions for offenses that fall within the statutory exceptions violate the constitutional provisions that protect against double jeopardy. 2 In Jones v. State, 764 So.2d 659, 660 (Fla. 1st DCA 2000), an analogous case, we applied the second statutory exception of section 775.021(4)(b) to find a double jeopardy violation.

11
Swilley v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Swilley v. State, 845 So.2d 930, 933 (Fla. 5th DCA 2003).

11
Carawan v. Statered
fla · 1987 · cited in 1 Florida opinions naming this issue, 1989–1989
2 sentences

1989In Carawan v. State, 515 So.2d 161 (Fla. 1987), the supreme court construed section 775.021 as a rule of statutory construction, noting that in the absence of any express statement of legislative intent, the Blockburger test creates a presumption as to the actual legislative intent, but that the court "then must consider the presumption so created in light of any relevant factors that may indicate a contrary legislature intent." The court held that if application of the Blockburger test reveals that each offense requires proof of a fact which the other does not, "multiple punishments are presu

1989In Carawan v. State, 515 So.2d 161 (Fla. 1987), the supreme court construed section 775.021 as a rule of statutory construction, noting that in the absence of any express statement of legislative intent, the Blockburger test creates a presumption as to the actual legislative intent, but that the court "then must consider the presumption so created in light of any relevant factors that may indicate a contrary legislature intent." The court held that if application of the Blockburger test reveals that each offense requires proof of a fact which the other does not, "multiple punishments are presu

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Chapman red
fla · 1993
1 sentence

2020ANALYSIS Because the statutory language of section 775.021, Florida Statutes (2010), clearly states the intent of the Legislature to punish each available offense and does not provide an exception for offenses arising from a single death, we conclude that section 775.021 supersedes our decisions establishing the single homicide rule and that our decision holding otherwise, State v. Chapman, 625 So. 2d 838 (Fla. 1993), -3- was wrongly decided. 2 Accordingly, we recede from Chapman, answer the certified question in the negative, and quash the Fifth District’s decision in Maisonet-Maldonado.

12020–2020
Sirmons v. State green
fla · 1994
1 sentence

2012We held, in pertinent part, as follows: In Sirmons v. State, 634 So.2d 153 (Fla.1994), and State v. Anderson, 695 So.2d 309 (Fla.1997), the supreme court held that a defendant cannot be convicted of two offenses which are merely degree variants of the same underlying core offense.

12012–2012
State v. Anderson green
fla · 1997
1 sentence

2012We held, in pertinent part, as follows: In Sirmons v. State, 634 So.2d 153 (Fla.1994), and State v. Anderson, 695 So.2d 309 (Fla.1997), the supreme court held that a defendant cannot be convicted of two offenses which are merely degree variants of the same underlying core offense.

12012–2012
State v. Hegstrom red
fla · 1981
1 sentence

1982State v. Hegstrom, supra .

11982–1982

Statutes the citing opinions construe

FL § 775.021 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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