Hankins v. State, 164 So. 3d 738 (Fla. 5th DCA 2015). · Go Syfert
Search
Hankins v. State, 164 So. 3d 738 (Fla. 5th DCA 2015). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Diego Tambriz-Ramirez v. State of Florida (fla, 2018-07-12)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Diego Tambriz-Ramirez v. State of Florida
Fla. · 2018 · confidence medium
Id. at 435 ; see also Smith v. State, 154 So. 3d 523, 524 (Fla. 1st DCA 2015) (concluding that aggravated assault convictions were subsumed within a conviction for armed burglary with assault); McGhee v. State, 133 So. 3d 1137, 1138 (Fla. 5th DCA 2014) (reversing “the conviction for aggravated assault with a firearm because it is subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm”); Green v. State, 120 So. 3d 1276, 1278 (Fla. 1st DCA 2013) (same); Estremera v. State, 107 So. 3d 511 (Fla. 5th DCA 2013) (same); White v. State, 75…
discussed Cited as authority (rule) Tambriz-Ramirez v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Id. at 435 ; see also Smith v. State, 154 So.3d 523, 524 (Fla. 1st DCA 2015) (concluding that aggravated assault convictions were subsumed within a conviction for armed burglary with assault); McGhee v. State, 133 So.3d 1137, 1138 (Fla. 5th DCA 2014) (reversing “the conviction for aggravated assault with a firearm because it is subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm”); Green v. State, 120 So.3d 1276, 1278 (Fla. 1st DCA 2013) (same); Estremera v. State, 107 So.3d 511 (Fla. 5th DCA 2013) (same); White v. State, 753 So…
discussed Cited as authority (rule) Damion Dykes v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
Recently, in Hankins v. State, 164 So.3d 738, 738 (Fla. 5th DCA 2015), this Court concluded that “convictions for aggravated battery with a firearm and aggravated assault with a firearm violate double jeopardy because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm:.” See McGhee v. State, 133 So.3d 1137 (Fla. 5th DCA 2014) (holding that convictions for burglary of dwelling with assault or battery, aggravated assault with firearm, and domestic violence battery, all involving same victim and occurring in same incident, violated …
Leon D. HANKINS
v.
STATE of Florida
No. 5D14-624.
District Court of Appeal of Florida, Fifth District.
May 22, 2015.
164 So. 3d 738
James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Berger, Palmer, Torpy.
Cited by 4 opinions  |  Published
Pinpoint authority: bottom 30%
PER CURIAM.

Leon Hankins timely appeals his judgment and sentences for attempted first-degree murder with a firearm, burglary of a dwelling with an assault or battery with a firearm, arson of a dwelling, aggravated battery with a firearm, and aggravated assault with a firearm. He argues his convictions for aggravated battery with a firearm and aggravated assault with a firearm violate double jeopardy because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm. The State properly concedes error. See McGhee v. State, 133 So.3d 1137, 1138-39 (Fla. 5th DCA 2014) (reversing conviction for aggravated assault with a firearm because it was subsumed into the greater offense of burglary of a dwelling with an assault or battery while armed with a firearm where offenses involved the same victim and occurred in the same incident); Farrier v. State, 145 So.3d 199, 199-200 (Fla. 5th DCA 2014) (“[reversing] both convictions for aggravated assault with a firearm because they were subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm.”) We, therefore, reverse the convictions for aggravated battery with a firearm and aggravated assault with a firearm and remand to the trial court for entry of a corrected judgment. McGee, 133 So.3d at 1139. The remaining convictions are affirmed.

AFFIRMED in part; REVERSED in part; REMANDED TO CORRECT JUDGMENT.

TORPY, C.J., PALMER and BERGER, JJ., concur.