10 Florida opinions name it 2 courts 2001–2024 2 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.
| Case | Followed | Cited |
|---|---|---|
Sirmons v. Stategreen2 sentences2012We 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. 2002The interpretation was announced in a concurring opinion in Sirmons v. State, 634 So.2d 153 (Fla.1994) and prohibits multiple convictions for certain core offenses which are distinguishable only by degree. | 1 | 3 |
State v. Maxwellgreen1 sentence2024See State v. Maxwell, 682 So. 2d 83, 84 (Fla. 1996). 3 Two offenses can be degree variants when one is an aggravated form, or higher degree, of the other. | 1 | 1 |
Marcus Jamal Graham v. State of Floridagreen1 sentence2022“Double jeopardy claims based on undisputed facts present questions of law and are subject to de novo review.” Graham v. State, 207 So. 3d 135, 137 (Fla. 2016). 4. | 1 | 1 |
Jones v. Stategreen1 sentence2012Multiple 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Valdes v. State
green
2 sentences2011As this holding was applied to Valdes' convictions under sections 790.19 and 790.15, we found that the violations did "not satisfy the second statutory exception because the two offenses are found in separate statutory provisions; neither offense is an aggravated form of the other; and they are clearly not degree variants of the same offense." Valdes, 3 So.3d at 1077 . 2011As this holding was applied to Valdes’ convictions under sections 790.19 and 790.15, we found that the violations did “not satisfy the second statutory exception because the two offenses are found in separate statutory provisions; neither offense is an aggravated form of the other; and they are clearly not degree variants of the same offense.” Valdes, 3 So.3d at 1077 . | 3 | 2010–2024 |
Gordon v. State
green
2 sentences2009However, in Gordon v. State, 780 So.2d 17 (Fla.2001), this Court narrowed its holding in Sirmons when it approved a decision affirming the defendant’s convictions for attempted first-degree murder, aggravated battery, and felony causing bodily injury: Extended to its logical extreme, a broad reading of Sirmons and the second statutory exception would render section 775.021 a nullity. 2006However, in Gordon v. State, 780 So.2d 17 (Fla.2001), the supreme court noted that Extended to its logical extreme, a broad reading of Sirmons and the second statutory exception would render section 775.021 a nullity. | 3 | 2005–2009 |
Blockburger v. United States
green
2 sentences2024He argues that the second statutory exception applies because both detainee battery and felony battery based on a prior conviction are degree variants of the same offense, simple battery. * Section 775.021(4)(b)1. codifies the “same elements” test established in Blockburger v. United States, 284 U.S. 299 (1932). 2002The crime of attempted felony murder involved in the instant case was enacted subsequent to the Gray decision. [6] Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). [7] The term "degree variants" describes Justice Kogan's interpretation of the second statutory exception of the Blockburger test. | 2 | 2002–2024 |
State v. Anderson
green
1 sentence2012We 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. | 1 | 2012–2012 |
State v. Paul
green
1 sentence2009This Court most recently applied the second statutory exception in State v. Paul, 934 So.2d 1167 (Fla.2006). | 1 | 2009–2009 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.