occupied vehicle violation (Florida) · Go Syfert
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occupied vehicle violation in Florida

5 Florida opinions name it 2 courts 2006–2024 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 (1)

CaseFollowedCited
Valdes v. Stategreen
fla · 2009 · cited in 2 Florida opinions naming this issue, 2011–2024
2 sentences

2024Compare with Valdes v. State, 3 So. 3d 1067, 1077-78 (Fla. 2009) (finding dual convictions of discharging a firearm from a vehicle in violation of section 790.15(2) and shooting into an occupied vehicle in violation of section 790.19 did not satisfy the second exception because the two offenses are found in separate statutory provisions, and observing: “This is in contrast to sections 790.15(1), 790.15(2), and 790.15(3), which are explicitly degree variants of the same offense.”) (footnotes omitted); Velazco v. State, 342 So. 3d 614 , 616 (Fla. 2022) (holding that dual convictions of DUI and D

2011Valdes, 3 So.3d at 1068 .

12

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 (5)

CaseCitedYears
Robert Velazco v. State of Florida green
fla · 2022
1 sentence

2024Compare with Valdes v. State, 3 So. 3d 1067, 1077-78 (Fla. 2009) (finding dual convictions of discharging a firearm from a vehicle in violation of section 790.15(2) and shooting into an occupied vehicle in violation of section 790.19 did not satisfy the second exception because the two offenses are found in separate statutory provisions, and observing: “This is in contrast to sections 790.15(1), 790.15(2), and 790.15(3), which are explicitly degree variants of the same offense.”) (footnotes omitted); Velazco v. State, 342 So. 3d 614 , 616 (Fla. 2022) (holding that dual convictions of DUI and D

12024–2024
Jones v. Singletary neutral
fladistctapp · 1993
1 sentence

2019Jones v. Singletary, 621 So. 2d 760 (Fla. 3d DCA 1993).

12019–2019
Valdes v. State green
fladistctapp · 2007
1 sentence

2009The Third District Court of Appeal in Valdes v. State, 970 So.2d 414 (Fla. 3d DCA 2007), concluded that no double jeopardy violation occurred from the dual convictions and certified conflict with Lopez-Vazquez v. State, 931 So.2d 231 (Fla. 5th DCA 2006), which reached the opposite conclusion.

12009–2009
Lopez-Vazquez v. State green
fladistctapp · 2006
2 sentences

2009Id. at 235 .

2009The Third District Court of Appeal in Valdes v. State, 970 So.2d 414 (Fla. 3d DCA 2007), concluded that no double jeopardy violation occurred from the dual convictions and certified conflict with Lopez-Vazquez v. State, 931 So.2d 231 (Fla. 5th DCA 2006), which reached the opposite conclusion.

12009–2009
Horn v. State green
fladistctapp · 1996
1 sentence

2006Before Bradford , the first district held in Horn v. State, 677 So.2d 320 (Fla. 1st DCA 1996), that the use of a firearm wás a necessary element of shooting at an occupied vehicle in violation of section 790.19, Florida Statutes (1993).

12006–2006

Statutes the citing opinions construe

FL § 790.19 (5) FL § 775.021 (3) FL § 775.087 (3) FL § 790.15 (3)

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.

Where else courts name it

CA 10 (1980–2024) FL 5 (2006–2024)

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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