convictions exception (Florida) · Go Syfert
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convictions exception in Florida

8 Florida opinions name it 1 courts 1991–2025 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 (3)

CaseFollowedCited
Sanders v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025But “[i]f it is determined that the charged offenses occurred in different criminal episodes or constituted different acts, no further analysis is necessary and the separate offenses do not violate double jeopardy.” Sanders v. State, 101 So. 3d 373, 375 (Fla. 1st DCA 2012).

11
Coughlin v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Coughlin v. State, 932 So.2d 1224, 1226 (Fla. 2d DCA 2006) (en banc) (holding that double jeopardy challenges to sentences necessarily involve challenges to the underlying convictions and that rule 3.800(a) is limited to claims that the sentence is illegal).

11
Roberts v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2008–2008
2 sentences

2008See Roberts, 923 So.2d at 582 ("Roberts argues that the prior convictions exception is no longer valid in light of Shepard .

2008See Roberts, 923 So.2d at 582 ("Roberts argues that the prior convictions exception is no longer valid in light of Shepard .

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 (6)

CaseCitedYears
Blockburger v. United States green
scotus · 1931
1 sentence

2025Absent a clear legislative intent, where the convictions arise from the same criminal transaction, a court reviews the convictions under the test articulated in Blockburger v. United States, 284 U.S. 299 (1932), codified in section 775.021, Florida Statutes.

12025–2025
State v. Montgomery green
fla · 2010
1 sentence

2012The jury instruction on the lesser offense of attempted voluntary manslaughter was erroneous and, under State v. Montgomery, 39 So.3d 252 (Fla.2010), requires reversal.

12012–2012
Ludy v. State green
ind · 2003
1 sentence

2009Id. at 463 .

12009–2009
Gudinas v. State green
fla · 2004
1 sentence

2006While recognizing that our supreme court has rejected these same constitutional challenges to Florida's habitual felony statute in Gudinas v. State, 879 So.2d 616 (Fla. 2004), Roberts argues that the prior convictions exception is no longer valid in light of Shepard .

12006–2006
Smith v. State green
fladistctapp · 1991
1 sentence

1992In Smith v. State, 578 So.2d at 36 , this court reversed the defendants' convictions because the defense attorneys were not allowed to depose a co-defendant until after the opening statements and the testimony of several prosecution witnesses.

11992–1992
United States v. Donald D. Dial and Horace G. Salmon green
ca7 · 1985
1 sentence

1991Here, no less than was true in United States v. Dial, 757 F.2d 163 (7th Cir.1985), no one appears to have lost money, but the risk of loss may be deemed sufficient to sustain the convictions for violation of 18 U.S.C. §§ 1341 and 1343.

11991–1991

Where else courts name it

GA 20 (1986–2024) WA 12 (1986–2016) CA 10 (1968–2026) IL 8 (1980–2025) FL 8 (1991–2025) TX 6 (2002–2021) MO 6 (1983–2011) IN 5 (1981–2016) LA 5 (2007–2018) NJ 4 (1996–2014) AZ 4 (2005–2016) MI 3 (1979–2015) VA 3 (2003–2018) AL 3 (1998–1999) MA 3 (1978–2017) AR 2 (2003–2022) MD 2 (1973–1986) NY 2 (1997–2014) OR 2 (1980–1980) NH 2 (1980–2013) PA 2 (1974–1980) MN 2 (2005–2016) ND 2 (2013–2013) MS 2 (1994–2010) CT 2 (1987–2013)

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.

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