Cleveland v. State, 587 So. 2d 1145 (Fla. 1991). · Go Syfert
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Cleveland v. State, 587 So. 2d 1145 (Fla. 1991). Cases Citing This Book View Copy Cite
115 citation events (27 in the last 25 years) across 2 distinct courts.
Strongest positive: Thompson v. State (fladistctapp, 1999-10-13)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Thompson v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
With the exception of the appellant’s conviction and sentence for unlawful possession of a firearm during the commission of a felony which the state properly concedes must be stricken and vacated as being violative of the due process clause where it stemmed from the commission of a single act, see Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Davis v. State, 710 So.2d 723 ,-724 (Fla. 3d DCA 1998), we find no merit to the remaining points on appeal.
cited Cited as authority (rule) Carson v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
Also, in an earlier opinion, Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991), our supreme court addressed a similar double jeopardy issue.
cited Cited as authority (rule) Marrow v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
State v. Stearns, 645 So.2d 417 (Fla. 1994); Cleveland v. State, 587 So.2d 1145, 1146 (Fla. 1991).
discussed Cited as authority (rule) Wilson v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
The State concedes that the conviction for unlawful possession of a weapon while engaged in a criminal offense, see § 790.07(1), Fla.Stat. (1991), must be vacated on authority of Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); see also Williams v. State, 630 So.2d 234 (Fla. 3d DCA 1994); Wilkins v. State, 600 So.2d 567 (Fla. 3d DCA 1992).
cited Cited as authority (rule) Johnson v. Singletary
Fla. Dist. Ct. App. · 1993 · confidence medium
Cleveland v. State, 587 So.2d 1145, 1146 (Fla. 1991); Mobly v. State, 614 So.2d 1230 (Fla. 3d DCA 1993).
cited Cited as authority (rule) Kio v. State
Fla. Dist. Ct. App. · 1993 · confidence medium
Cleveland v. State, 587 So.2d 1145, 1146 (Fla. 1991).
cited Cited as authority (rule) Mack v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Stripling v. State, 602 So.2d 663 (Fla. 3d DCA 1992) (citing Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991)).
cited Cited as authority (rule) Stripling v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Cleveland v. State, 587 So.2d 1145, 1146 (Fla. 1991).
cited Cited as authority (rule) Young v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Ses sions v. State, 597 So.2d 832 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991).
discussed Cited "see" Bush v. State
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991) (“[W]hen a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).”).
discussed Cited "see" Williams v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991) (holding that when a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony); see also Gracia v. State, 98 So.3d 1243 (Fla. 3d DCA 2012); Williams v. State, 83 So.3d 929 (Fla. 3d DCA 2012); Merrell v. State, 841 So.2d 677 (Fla. 3d DCA 2003); Hall v. State, 752 So.2d 1245 (Fla. 3d DCA 2000); Brown v. State, 617 S…
cited Cited "see" Williams v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Merrell v. State, 841 So.2d 677 (Fla. 3d DCA 2008); Hall v. State, 752 So.2d 1245 (Fla. 3d DCA 2000).
cited Cited "see" Ivey v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991).
cited Cited "see" Feliciano v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Mendoza v. State, 941 So.2d 523, 525 (Fla. 3d DCA 2006).
cited Cited "see" Torres v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Grene v. State, 702 So.2d 510, 511 (Fla. 3d DCA 1997) (en banc).
discussed Cited "see" Elozar v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991) (reversing, on double jeopardy grounds, a conviction for use of a firearm during the commission of a felony where the defendant was convicted of, and sentenced for, the crimes of attempted robbery with a firearm and use of a firearm while committing a felony stemming from a single act); Merrell v. State, 841 So.2d 677 (Fla. 3d DCA 2003); Law v. State, 824 So.2d 1055, 1058 (Fla. 5th DCA 2002) (observing that the supreme court had determined "that when a felony conviction is reclassified and enhanced under section 775.087(2) ... due to the defend…
cited Cited "see" St. Vil v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991).
cited Cited "see" Mondesir v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); State v. Brown, 633 So.2d 1059 (Fla.1994); Washington v. State, 597 So.2d 840 (Fla. 3d DCA 1992).
cited Cited "see" Bufford v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991).
cited Cited "see" Munos v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA 1998), approved, 761 So.2d 318 (Fla.2000).
discussed Cited "see" Henton v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991)(concluding that a person could not be convicted of both attempted robbery with a firearm and use of a firearm while committing a felony where the charges stem from a single act); McGahee v. State, 600 So.2d 9 (Fla. 3d DCA 1992)(deciding a Defendant’s conviction of unlawful possession of firearm during commission of felony violated double jeopardy, where defendant was also convicted of attempted manslaughter with a firearm).
cited Cited "see" Buffington v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991).
cited Cited "see" Vizcon v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991).
discussed Cited "see" Gantorius v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Marmol v. State, 750 So.2d 764, 766 (Fla. 3d DCA 2000); Acosta v. State, 738 So.2d 487, 488 (Fla. 3d DCA 1999); Vidal v. State, 704 So.2d 746 (Fla. 3d DCA 1998); Wimberly v. State, 649 So.2d 338 (Fla. 3d DCA 1995); Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995).
cited Cited "see" Marmol v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991).
cited Cited "see" Vidal v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Harrison v. State, 593 So.2d 600 (Fla. 3d DCA 1992).
cited Cited "see" Reaves v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Graham v. State, 559 So.2d 410 (Fla. 2d DCA 1990).
cited Cited "see" Clarington v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991).
discussed Cited "see" Irving v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) quashed on other grounds, 616 So.2d 49 (Fla. 1993); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992), quashed on other grounds, 610 So.2d 434 (Fla. 1992).
discussed Cited "see" Irving v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) quashed on other grounds, 616 So.2d 49 (Fla.1993); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992), quashed on other grounds, 610 So.2d 434 (Fla.1992).
cited Cited "see" Futrell v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Moyer v. State, 558 So.2d 1045 (Fla. 5th DCA), review denied, 574 So.2d 142 (Fla.1990).
discussed Cited "see" Joseph v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991) (when robbery conviction enhanced for use of firearm in committing the robbery, single act involving use of same firearm in commission of same robbery cannot form basis of separate conviction and sentence for use of firearm while committing a felony).
cited Cited "see" Stearns v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See generally Cleveland v. State, 587 So.2d 1145 (Fla.1991).
discussed Cited "see" Sanders v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); State v. McKinnon, 540 So.2d 111 (Fla.1989); Hall v. State, 517 So.2d 678 (Fla.1988); Benedit v. State, 610 So.2d 699 (Fla. 3d DCA 1992); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991); Goodman v. State, 567 So.2d 37 (Fla. 3d DCA 1990); Graham v. State, 559 So.2d 410 (Fla. 2d DCA 1990); Denmark v. State, 538 So.2d 68 (Fla. 1st DCA 1989); Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988); …
cited Cited "see" Thomas v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Pearson v. State, 603 So.2d 676 (Fla. 3d *1129 DCA 1992); Pedrick v. State, 599 So.2d 200 (Fla. 5th DCA 1992).
discussed Cited "see" Mobly v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991) (when conviction enhanced for use of firearm during commission of offense, prohibition against double jeopardy prohibits separate conviction and sentence for single act involving use of same firearm in commission of same crime); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) (same).
cited Cited "see" Jennings v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991).
cited Cited "see" Zaetler v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145, 1146 (Fla. 1991).
cited Cited "see" Arnold v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Hall v. State, 517 So.2d 678 (Fla.1988).
cited Cited "see" Wilson v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Hall v. State, *844 517 So.2d 678 (Fla. 1988); Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988).
cited Cited "see" Gauthier v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla.1991).
discussed Cited "see" Pearson v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991); see also Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988).
cited Cited "see" Wimberly v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Cleveland v. State, 587 So.2d 1145, 1146 (Fla. 1991); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991).
discussed Cited "see, e.g." RYAN DENARD LEE v. THE STATE OF FLORIDA
Fla. Dist. Ct. App. · 2021 · signal: see also · confidence medium
Wimberly v. State, 649 So. 2d 338, 338 (Fla. 3d DCA 1995); Gantorius v. State, 761 So. 2d 488, 490 (Fla. 3d DCA 2000); see also Cleveland v. State, 587 So. 2d 1145, 1146 (Fla. 1991); Marmol v. State, 750 So.2d 764, 766 (Fla. 3d DCA 2000); Acosta v. State, 738 So. 2d 487, 488 (Fla. 3d DCA 1999); Vidal v. State, 704 So. 2d 746 (Fla. 3d DCA 1998); Sales v. State, 653 So. 2d 456 (Fla. 3d DCA 1995).
discussed Cited "see, e.g." Schoonover v. State
Fla. Dist. Ct. App. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991) (robbery enhanced under robbery statute precluded conviction for use of firearm' while committing felony); Law v. State, 824 So.2d 1055, 1058 (Fla. 5th DCA 2002). (carjacking and burglary convictions enhanced and reclassified under section 775.087(2) precluded additional conviction for possession of firearm in commission of a felony); Boschen v. State, 647 So.2d 1054, 1055 (Fla. 5th DCA 1994) (trafficking in cannabis enhanced under section 775.087(2)(a) for possession of a firearm precluded conviction for possession of machine gun)…
discussed Cited "see, e.g." Davila v. State
Fla. Dist. Ct. App. · 2009 · signal: see also · confidence medium
See Ramirez v. State, 928 So.2d 420, 421 (Fla. 3d DCA 2006); Bradham v. State, 657 So.2d 40, 41 (Fla. 1st DCA 1995); see also Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Finkley v. State, 16 So.3d 329 (Fla. 4th DCA 2009).
cited Cited "see, e.g." Smith v. State
Fla. Dist. Ct. App. · 2003 · signal: see also · confidence low
See also Cleveland v. State, 587 So.2d 1145 (Fla.1991).
discussed Cited "see, e.g." Whatley v. State
Fla. Dist. Ct. App. · 1996 · signal: see also · confidence low
See also Cleveland v. State, 587 So.2d 1145 (Fla.1991) (when robbery is enhanced due to use of a firearm, the use of the same firearm cannot form the basis of a separate conviction for use of a firearm while committing a felony); Graham v. State, 559 So.2d 410 (Fla. 2d DCA 1990) (dual convictions for attempted armed robbery and use of a firearm during the commission of a felony constitute a violation of double jeopardy); Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988) (display of firearm conviction was cumulative punishment when the same act of using a weapon was basis of enhancement of attem…
discussed Cited "see, e.g." Williams v. State
Fla. Dist. Ct. App. · 1992 · signal: see, e.g. · confidence low
See, e.g., Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Hall v. State, 517 So.2d 678 (Fla. 1988); Kelly v. State, 552 So.2d 1140 (Fla. 5th DCA 1989); Kelly v. State, 552 So.2d 206 (Fla. 5th DCA 1989), rev. denied, 563 So.2d 632 (Fla. 1990); Curry v. State, 539 So.2d 573 (Fla. 5th DCA 1989); Brown v. State, 538 So.2d 116 (Fla. 5th DCA 1989), rev. denied, 545 So.2d 1366 (Fla. 1989); Crayton v. State, 536 So.2d 399 (Fla. 5th DCA 1989); Willingham v. State, 535 So.2d 718 (Fla. 5th DCA 1989); Neal v. State, 527 So.2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 525 So.2d 1025 (Fla. 5th DCA 1988);…
discussed Cited "see, e.g." Foster v. State
Fla. Dist. Ct. App. · 1992 · signal: see also · confidence low
See also Cave v. State, 578 So.2d 766 (Fla. 1st DCA 1991), where the court in reliance on the amendment to section 775.021(4), Florida Statutes, (Ch. 88-131, § 7, Laws of Florida) did not apply Carawan v. State, 515 So.2d 161 (Fla. 1987) and found convictions for aggravated battery and armed robbery did not constitute double jeopardy on the basis of "legislated intent." The rationale and result in Cave is questionable in view of Cleveland v. State, 587 So.2d 1145 (Fla. 1991). [22] Here is where the Royal amendment to the robbery statute will work to constitutionally curtail the prosecutor's d…
Quinten L. CLEVELAND, Petitioner,
v.
STATE of Florida, Respondent.
77491.
Supreme Court of Florida.
Oct 17, 1991.
587 So. 2d 1145
McDonald.
Cited by 103 opinions  |  Published

[*1146] James B. Gibson, Public Defender and James T. Cook, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for respondent.

McDONALD, Justice.

We review Cleveland v. State, 574 So.2d 289 (Fla. 5th DCA 1991), because of direct conflict with Graham v. State, 559 So.2d 410 (Fla. 2d DCA 1990).[*]

Cleveland was convicted of and sentenced for the two crimes of attempted robbery with a firearm, sections 812.13(1) and (2)(a) and 777.04, Florida Statutes (1989), and use of a firearm while committing a felony, section 790.07(2), Florida Statutes (1989). The convictions stemmed from a single act committed by Cleveland. The issue under review is whether both convictions are proper. In the instant case, the Fifth District Court of Appeal held that both convictions were proper. The holding was in direct conflict with the Second District Court of Appeal's decision in Graham, which held that similar dual convictions constituted a violation of double jeopardy.

In Hall v. State, 517 So.2d 678 (Fla. 1988), we ruled that the imposition of convictions for both robbery with a firearm and the display of a firearm during a criminal offense was improper when the convictions arose out of a single act. Our rationale in Hall was predicated in large part on Carawan v. State, 515 So.2d 161 (Fla. 1987). The special concurring opinion in the decision under review and the state both contend that the legislature's enactment of the 1988 amendment to section 775.021(4) of the Florida Statutes repudiated the rationale supporting Carawan. They further contend that because the Hall decision utilized the Carawan holding, Hall is no longer valid and we should return to State v. Gibson, 452 So.2d 553 (Fla. 1984), in which similar dual convictions were permitted.

We disagree and hold that Hall still controls. It should be noted that Cleveland's attempted robbery conviction was enhanced from a second-degree felony to a first-degree felony because of the use of the firearm. Upon this enhancement Cleveland was punished for all the elements contained in section 790.07(2) and appropriately sentenced. Although such an enhancement was properly recognized by the Third District Court of Appeal in Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988), as a material factor in deciding whether there has been improper cumulative punishment for the same act, it was apparently overlooked in this case.

We hold that when a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).

We quash the decision under review, approve Graham and Perez, and remand for further proceedings consistent herewith.

It is so ordered.

SHAW, C.J. and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

[*] We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.