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Florida Statute 775.21 - Full Text and Legal Analysis
Florida Statute 775.021 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 775.021 Case Law from Google Scholar Google Search for Amendments to 775.021

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.021
775.021 Rules of construction.—
(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.
(2) The provisions of this chapter are applicable to offenses defined by other statutes, unless the code otherwise provides.
(3) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
(4)(a) Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. For the purposes of this subsection, offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial.
(b) The intent of the Legislature is to convict and sentence for each criminal offense committed in the course of one criminal episode or transaction and not to allow the principle of lenity as set forth in subsection (1) to determine legislative intent. Exceptions to this rule of construction are:
1. Offenses which require identical elements of proof.
2. Offenses which are degrees of the same offense as provided by statute.
3. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.
(5) Whoever commits an act that violates a provision of this code or commits a criminal offense defined by another statute and thereby causes the death of, or bodily injury to, an unborn child commits a separate offense if the provision or statute does not otherwise specifically provide a separate offense for such death or injury to an unborn child.
(a) Except as otherwise provided in this subsection, the punishment for a separate offense under this subsection is the same as the punishment provided under this code or other statute for that conduct had the injury or death occurred to the mother of the unborn child.
(b) An offense under this subsection does not require proof that the person engaging in the conduct:
1. Had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
2. Intended to cause the death of, or bodily injury to, the unborn child.
(c) Notwithstanding any other provision of law, the death penalty may not be imposed for an offense under this subsection.
(d) This subsection does not permit the prosecution:
1. Of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
2. Of a person for providing medical treatment of the pregnant woman or her unborn child; or
3. Of a woman with respect to her unborn child.
(e) As used in this subsection, the term “unborn child” means a member of the species Homo sapiens, at any stage of development, who is carried in the womb.
History.—s. 3, ch. 74-383; s. 1, ch. 76-66; s. 1, ch. 77-174; s. 1, ch. 83-156; s. 7, ch. 88-131; s. 2, ch. 2014-194.

F.S. 775.021 on Google Scholar

F.S. 775.021 on CourtListener

Amendments to 775.021


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 775.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.021 5a - BATTERY - CAUSE BOD INJ UNBRN CHLD SEE TBLE OTH FORM BAT - F: S
S775.021 5a - HOMICIDE - CAUSE DEATH UNBRN CHILD SEE TBLE OTH FORM MURD - F: F

Cases Citing Statute 775.021

Total Results: 1000

Carawan v. State

515 So. 2d 161, 12 Fla. L. Weekly 445

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 1749204

Cited 261 times | Published

has codified this rule of construction in section 775.021(4), Florida Statutes (1985): Whoever, in the

Hale v. State

630 So. 2d 521, 1993 WL 406369

Supreme Court of Florida | Filed: Oct 14, 1993 | Docket: 418986

Cited 212 times | Published

sentences run consecutively. The State argues that section 775.021(4), Florida Statutes (1991), which authorizes

Palmer v. State

438 So. 2d 1

Supreme Court of Florida | Filed: Sep 1, 1983 | Docket: 1445714

Cited 164 times | Published

review *4 here when it added subsection (4) to section 775.021. In any event we are unwilling to construe

Hayes v. State

750 So. 2d 1, 1999 WL 817189

Supreme Court of Florida | Filed: Oct 7, 1999 | Docket: 1736668

Cited 134 times | Published

these criminal statutes, as is mandated by section 775.021(1), Florida Statutes (1995), supports the interpretation

Valdes v. State

3 So. 3d 1067, 34 Fla. L. Weekly Supp. 116, 2009 Fla. LEXIS 148, 2009 WL 217976

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 175046

Cited 130 times | Published

So.2d 1167 (Fla.2006). Thus, we hold that section 775.021(4)(b)(2), Florida Statutes (2008), prohibits

State v. Smith

547 So. 2d 613, 1989 WL 68818

Supreme Court of Florida | Filed: Jun 22, 1989 | Docket: 1475178

Cited 120 times | Published

separate convictions and separate punishment. § 775.021(4), Fla. Stat. (1985).[2] The Gordon court below

State of Florida v. Dean Alden Shelley

176 So. 3d 914, 40 Fla. L. Weekly Supp. 362, 2015 Fla. LEXIS 1382, 2015 WL 3887433

Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668462

Cited 89 times | Published

(1932),] ‘same-elements’ test pursuant to section 775.021(4), Florida Statutes[,] is the sole method

Borges v. State

415 So. 2d 1265

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 459270

Cited 89 times | Published

district court affirmed on the authority of section 775.021(4), Florida Statutes (1977). The court certified

State v. Hegstrom

401 So. 2d 1343

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 390536

Cited 89 times | Published

two or more separate, statutory offenses. Section 775.021(4), Florida Statutes (1979), supplies the answer

In Re Standard Jury Inst. in Crim. Cases No. 2007-4

983 So. 2d 531, 2008 WL 2130235

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 1756782

Cited 75 times | Published

register as a sexual predator, as defined in section 775.21, Florida Statutes (2007). New instruction 11

Hayes v. State

803 So. 2d 695, 2001 WL 1472614

Supreme Court of Florida | Filed: Nov 21, 2001 | Docket: 1785135

Cited 74 times | Published

Smith, 547 So.2d 613, 614 (Fla.1989). *700 Section 775.021(4)(a), Florida Statutes (1997),[6] recognizes

Leronnie Lee Walton v. State of Florida

208 So. 3d 60, 41 Fla. L. Weekly Supp. 587, 2016 Fla. LEXIS 2598

Supreme Court of Florida | Filed: Dec 1, 2016 | Docket: 4546941

Cited 71 times | Published

impose consecutive mandatory minimum sentences. Section 775.021(4)(a) unequivocally provides: Whoever, in the

Hall v. State

517 So. 2d 678, 1988 WL 1507

Supreme Court of Florida | Filed: Jan 7, 1988 | Docket: 540772

Cited 68 times | Published

punishments, the rule of lenity contained in section 775.021(1) and our common law requires that the court

State v. Baker

456 So. 2d 419

Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 1447524

Cited 68 times | Published

presented to it as whether or not the language of section 775.021(4), in its reference to "lesser included offenses"

McLaughlin v. State

721 So. 2d 1170, 1998 WL 873071

Supreme Court of Florida | Filed: Dec 17, 1998 | Docket: 1323482

Cited 66 times | Published

shall be construed most favorably to the accused. § 775.021, Fla. Stat. (1995). Applying the above principles

Polite v. State

973 So. 2d 1107, 2007 WL 2790770

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1292139

Cited 65 times | Published

specifically codified this principle of lenity in section 775.021(1), Florida Statutes (2002). "This principle

State v. Enmund

476 So. 2d 165, 10 Fla. L. Weekly 441

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1681393

Cited 64 times | Published

discretion, for each and every homicide. See § 775.021(4), Fla. Stat. (1983). In remanding for resentencing

Gordon v. State

780 So. 2d 17, 2001 WL 169675

Supreme Court of Florida | Filed: Feb 22, 2001 | Docket: 1708598

Cited 61 times | Published

the Blockburger[2] test, as *20 codified in section 775.021, Florida Statutes (1997), to determine whether

Sirmons v. State

634 So. 2d 153, 1994 WL 26970

Supreme Court of Florida | Filed: Feb 3, 1994 | Docket: 1473022

Cited 61 times | Published

with the Fifth District Court of Appeal that section 775.021(4)(b)2., *154 Florida Statutes (1989), bars

Daniels v. State

595 So. 2d 952, 1992 WL 27892

Supreme Court of Florida | Filed: Feb 20, 1992 | Docket: 1708940

Cited 61 times | Published

are required because of the provisions of section 775.021, Florida Statutes (Supp. 1988). In the first

State v. McCloud

577 So. 2d 939, 1991 WL 25369

Supreme Court of Florida | Filed: Feb 28, 1991 | Docket: 1140466

Cited 60 times | Published

crimes occurred after the effective date of section 775.021, Florida Statutes *940 (Supp. 1988), is it

State v. JM

824 So. 2d 105, 2002 WL 1448825

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1435387

Cited 59 times | Published

classify J.M. as a sexual predator, pursuant to section 775.21, Florida Statutes (2000), also known as "The

Pizzo v. State

945 So. 2d 1203, 2006 WL 3741053

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1725046

Cited 58 times | Published

304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see § 775.021(4), Fla. Stat. (2006) (codifying the Blockburger

Coughlin v. State

932 So. 2d 1224, 2006 WL 1879002

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285538

Cited 54 times | Published

credit card convictions in violation *1226 of section 775.021(4)(b)(2), Florida Statutes (1993).[1]Ross,

MP v. State

682 So. 2d 79, 1996 WL 580313

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1681052

Cited 53 times | Published

Blockburger test has been codified in Florida at section 775.021(4), Florida Statutes (1995).[6] *82 In the

MP v. State

682 So. 2d 79, 1996 WL 580313

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1681052

Cited 53 times | Published

Blockburger test has been codified in Florida at section 775.021(4), Florida Statutes (1995).[6] *82 In the

State v. Paul

934 So. 2d 1167, 2006 WL 1699524

Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 57001

Cited 51 times | Published

employ the Blockburger[2] test, as codified in section 775.021, Florida Statutes (1997), to determine whether

State v. Rife

789 So. 2d 288, 2001 WL 359697

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1325986

Cited 48 times | Published

construing criminal statutes is codified in section 775.021(1), Florida Statutes (1997). See Hayes, 750

Collie v. State

710 So. 2d 1000, 1998 WL 210760

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1445356

Cited 46 times | Published

775.23(2) and/or as defined in Florida Statute § 775.21 as amended July 1, 1996." Collie raises five issues

Murray v. State

491 So. 2d 1120, 11 Fla. L. Weekly 328

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 2326201

Cited 45 times | Published

Palmer, however, we noted that the language of section 775.021(4), Florida Statutes (1981), granted the trial

Wallace v. State

724 So. 2d 1176, 1998 WL 849542

Supreme Court of Florida | Filed: Dec 10, 1998 | Docket: 1734020

Cited 43 times | Published

construed most favorably to the accused. See § 775.021(1), Fla. Stat. (1993); Perkins v. State, 576 So

Juan Fallada v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida

819 F.2d 1564, 1987 U.S. App. LEXIS 7974

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1987 | Docket: 94435

Cited 42 times | Published

explicitly indicated its intent on this issue in § 775.021(4), Fla.Stat. (1987): 9 Whoever,

State v. Florida

894 So. 2d 941

Supreme Court of Florida | Filed: Feb 17, 2005 | Docket: 1761957

Cited 39 times | Published

test is codified in section 775.021(4)(a), Florida Statutes (2004). Section 775.021(4) provides in full:

State v. Gibson

452 So. 2d 553

Supreme Court of Florida | Filed: Jun 14, 1984 | Docket: 1517715

Cited 39 times | Published

legislatively eliminated from the law of Florida. § 775.021(4), Fla. Stat. (1977);[3]Borges v. State, 415

Earnest v. State

351 So. 2d 957

Supreme Court of Florida | Filed: Aug 31, 1977 | Docket: 1671668

Cited 36 times | Published

favor of the accused. She basically relies on Section 775.021(1), Florida Statutes (1975),[5] and on State

Battle v. State

911 So. 2d 85, 2005 WL 2095673

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 476671

Cited 34 times | Published

employ the Blockburger[4] test, as codified in section 775.021, Florida Statutes (1999), to determine whether

Johnson v. State

842 So. 2d 228, 2003 WL 1798108

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 1730392

Cited 34 times | Published

as defined by section 775.21, because they must register as required by section 775.21. See § 943.0435(5)

Rotenberry v. State

468 So. 2d 971

Supreme Court of Florida | Filed: Apr 25, 1985 | Docket: 1725451

Cited 34 times | Published

and possession charges on the ground that section 775.021(4), Florida Statutes (1981), precludes multiple

Partch v. State

43 So. 3d 758, 2010 Fla. App. LEXIS 10529, 2010 WL 2813567

District Court of Appeal of Florida | Filed: Jul 20, 2010 | Docket: 2401035

Cited 31 times | Published

survive a same elements test as defined by section 775.021, Florida Statutes (2008), commonly referred

State v. Robinson

873 So. 2d 1205, 2004 WL 524922

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 412380

Cited 31 times | Published

motion, the trial court held a hearing under section 775.21, Florida Statutes (Supp.1998) (the Florida

Gibbs v. State

698 So. 2d 1206, 1997 WL 476416

Supreme Court of Florida | Filed: Aug 21, 1997 | Docket: 2518190

Cited 31 times | Published

other lacks, pursuant to the plain meaning of section 775.021(4)(a), Florida Statutes (1989),[3] and that

Gaber v. State

684 So. 2d 189, 1996 WL 710895

Supreme Court of Florida | Filed: Dec 12, 1996 | Docket: 1481853

Cited 31 times | Published

rule of statutory construction codified in section 775.021(4)(a), Florida Statutes (1993), which provides

Wilcott v. State

509 So. 2d 261, 12 Fla. L. Weekly 248

Supreme Court of Florida | Filed: May 21, 1987 | Docket: 373697

Cited 30 times | Published

offense of another is directly contrary to section 775.021(4), Florida Statutes (1983), and to our case

State v. Hightower

509 So. 2d 1078, 12 Fla. L. Weekly 424

Supreme Court of Florida | Filed: Apr 2, 1987 | Docket: 1362373

Cited 30 times | Published

section 794.011 and the offenses are separate. § 775.021(4), Fla. Stat. (1983). I agree with the district

Mays v. State

717 So. 2d 515, 1998 WL 394091

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1277250

Cited 29 times | Published

be construed most favorably to the accused." § 775.021(1), Fla. Stat. (1993); see also Cabal v. State

State v. Meshell

2 So. 3d 132, 34 Fla. L. Weekly Supp. 41, 2009 Fla. LEXIS 250, 2009 WL 137514

Supreme Court of Florida | Filed: Jan 22, 2009 | Docket: 1643650

Cited 27 times | Published

required different elements of proof, quoting section 775.021(4), Florida Statutes (1983), which provides

Reeves v. State

957 So. 2d 625, 2007 WL 1437467

Supreme Court of Florida | Filed: May 17, 2007 | Docket: 1679047

Cited 26 times | Published

consecutively, resulting in a twenty-year sentence. See § 775.021(4), Fla. Stat. (1997); Lifred v. State, 643 So

Adams v. State

750 So. 2d 659, 1999 WL 966743

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1434152

Cited 26 times | Published

sentence as a habitual offender. Furthermore, section 775.021(4)(b) states: The intent of the Legislature

State v. Christian

692 So. 2d 889, 1997 WL 211582

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1524615

Cited 26 times | Published

the stacking of mandatory minimum terms, and section 775.021, Florida Statutes (1993), entitled "Rules of

State of Florida v. Brian Mitchell Lee

223 So. 3d 342, 2017 WL 2374401, 2017 Fla. App. LEXIS 7886

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 6068564

Cited 24 times | Published

“Blockburger test” is codified in Florida in section 775.021(4), Florida Statutes, which provides: (4)(a)

State of Florida v. Christopher Douglas Weeks

202 So. 3d 1, 41 Fla. L. Weekly Supp. 399, 2016 Fla. LEXIS 2075

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424428

Cited 24 times | Published

001(1). Under the rule of lenity codified in section 775.021(1), this definition must “be strictly construed

Cruller v. State

808 So. 2d 201, 2002 WL 87367

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1738459

Cited 22 times | Published

applying the Blockburger[2] test, codified in section 775.021(4)(a), Florida Statutes (1995), for determining

Norris v. State

429 So. 2d 688

Supreme Court of Florida | Filed: Feb 3, 1983 | Docket: 1667525

Cited 22 times | Published

v. Hegstrom, 401 So.2d 1343 (Fla. 1981). See § 775.021(4), Fla. Stat. (1979). The convictions are affirmed

Milks v. State

894 So. 2d 924, 2005 WL 243274

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 1768043

Cited 21 times | Published

constitutionality of the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003). In Milks v. State

State v. Craft

685 So. 2d 1292, 1996 WL 734518

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1415160

Cited 21 times | Published

one criminal episode." See § 775.021(4)(b), Fla. Stat. (1995). Section 775.021(4)(a) includes a codification

Brian Mitchell Lee v. State of Florida

258 So. 3d 1297

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402550

Cited 20 times | Published

8 same-elements test, codified in section 775.021(4), Florida Statutes (2018), to determine if

Kurtz v. State

564 So. 2d 519, 1990 WL 80800

District Court of Appeal of Florida | Filed: Jun 15, 1990 | Docket: 1689007

Cited 20 times | Published

an additional punishment would be improper. Section 775.021(4), Florida Statutes (Supp. 1988), announces

State v. Boatwright

559 So. 2d 210, 1990 WL 32483

Supreme Court of Florida | Filed: Mar 22, 1990 | Docket: 1524388

Cited 20 times | Published

eligibility for parole. We recognized that section 775.021(4), Florida Statutes (1981), requires separate

Cabrera v. State

884 So. 2d 482, 2004 WL 2254537

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 1282202

Cited 19 times | Published

180, 76 L.Ed. 306 (1932), now codified in section 775.021(4), Florida Statutes (2002). Cruller; Gordon;

Knight v. State

808 So. 2d 210, 2002 WL 87371

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1738527

Cited 19 times | Published

under the statutory lenity rule set out in section 775.021(1), Florida Statutes (1997). Initially, we

O'BRIEN v. State

454 So. 2d 675

District Court of Appeal of Florida | Filed: Jul 26, 1984 | Docket: 444617

Cited 19 times | Published

court observed that the recent amendment of section 775.021(4), Florida Statutes, specifically adopted

Espindola v. State

855 So. 2d 1281, 2003 WL 22399573

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1504247

Cited 18 times | Published

defendant a "sexual predator," in accordance with section 775.21, Florida Statutes (1999), the Florida Sexual

State v. Johnson

676 So. 2d 408, 1996 WL 154126

Supreme Court of Florida | Filed: Apr 4, 1996 | Docket: 2512488

Cited 18 times | Published

Blockburger test, has been codified in Florida at section 775.021, Florida Statutes (1995), which provides: (4)(a)

State v. Barritt

531 So. 2d 338, 13 Fla. L. Weekly 591

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 1528565

Cited 18 times | Published

subject to separate convictions and punishment. § 775.021(4), Fla. Stat. (1985). The conclusion of the majority

State v. Henriquez

485 So. 2d 414, 11 Fla. L. Weekly 124

Supreme Court of Florida | Filed: Mar 27, 1986 | Docket: 1276242

Cited 18 times | Published

other does not. Carpenter, 417 So.2d at 988; § 775.021(4), Fla. Stat. (1983). In other words, offenses

Jackson v. State

659 So. 2d 1060, 1995 WL 500396

Supreme Court of Florida | Filed: Aug 24, 1995 | Docket: 1747996

Cited 17 times | Published

775.087(2),[2] Florida Statutes (1981), and section 775.021(4),[3] Florida Statutes (1981), were read together

Green v. State

475 So. 2d 235, 10 Fla. L. Weekly 467

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1301864

Cited 17 times | Published

included offense of first-degree felony murder. Section 775.021(4), Florida Statutes (1981), excluded lesser

Meythaler v. State

175 So. 3d 918, 2015 Fla. App. LEXIS 14131, 2015 WL 5618273

District Court of Appeal of Florida | Filed: Sep 25, 2015 | Docket: 2862016

Cited 16 times | Published

Blockburger same-elements test codified in section 775.021(4), Florida Statutes. Id. at-,

The Florida Bar v. St. Louis

967 So. 2d 108, 2007 WL 1285836

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 1453925

Cited 16 times | Published

Typically, the rule of lenity, as codified in section 775.021, Florida Statutes (2006), only applies in the

Hill v. State

711 So. 2d 1221, 1998 WL 233360

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 1337173

Cited 16 times | Published

legislatively overruled by the adoption in 1988 of section 775.021(4)(b), Florida Statutes. In Pierce v. State

Jones v. State

608 So. 2d 797, 1992 WL 324894

Supreme Court of Florida | Filed: Nov 12, 1992 | Docket: 1449692

Cited 16 times | Published

(1983). Our legislature expressed its intent in section 775.021(4), Florida Statutes (1989), which provides:

State v. Johnson

601 So. 2d 219, 1992 WL 110898

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1305513

Cited 16 times | Published

legislature made the following changes in section 775.021(4): (4)(a) Whoever, in the course of one criminal

Capron v. State

948 So. 2d 954, 2007 WL 485988

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 1769648

Cited 15 times | Published

two-part Blockburger[2] test, codified at section 775.021(4)(a), Florida Statutes, to determine whether

State v. Getz

435 So. 2d 789

Supreme Court of Florida | Filed: Jul 14, 1983 | Docket: 1697521

Cited 15 times | Published

the district court interpreted that part of section 775.021(4), Florida Statutes (1979), which states that

State v. Munford

357 So. 2d 706

Supreme Court of Florida | Filed: Apr 4, 1978 | Docket: 454059

Cited 15 times | Published

cross-petitioner's argument, holding that Section 775.021(4), Florida Statutes (Supp. 1976), which permits

State v. Munford

357 So. 2d 706

Supreme Court of Florida | Filed: Apr 4, 1978 | Docket: 454059

Cited 15 times | Published

cross-petitioner's argument, holding that Section 775.021(4), Florida Statutes (Supp. 1976), which permits

Shelley v. State

134 So. 3d 1138, 2014 WL 1047074, 2014 Fla. App. LEXIS 3971

District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60239050

Cited 14 times | Published

apply the Blockburger1 test as codified in section 775.021(4), Florida Statutes (2011), to determine whether

Saintelien v. State

990 So. 2d 494, 2008 WL 3926789

Supreme Court of Florida | Filed: Aug 28, 2008 | Docket: 1293329

Cited 14 times | Published

sexual predator designation imposed pursuant to section 775.21(5), Florida Statutes (2003), may be raised

King v. State

911 So. 2d 229, 2005 WL 2372723

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1751845

Cited 14 times | Published

prior conviction, which he does not have. See § 775.21(4). At the plea hearing, the trial court discussed

Doty v. State

884 So. 2d 547, 2004 WL 2451643

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1683026

Cited 14 times | Published

injunction is violated by simple battery. Section 775.021(4), Florida Statutes (2000), incorporates the

Johnson v. State

855 So. 2d 218, 2003 WL 22213294

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752555

Cited 14 times | Published

favor under lenity principles embodied in section 775.021(1), Florida Statutes (2002). Section 775.087(2)(a)1

Gresham v. State

725 So. 2d 419, 1999 WL 17813

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1293982

Cited 14 times | Published

52 S.Ct. 180, 76 L.Ed. 306 (1932). [3] See § 775.021(4)(a), Fla. Stat. (1997) ("offenses are separate

Hamrick v. State

648 So. 2d 274, 1995 WL 1640

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 31775

Cited 14 times | Published

course of one criminal transaction or episode. Section 775.021(4)(b), Florida Statutes (1991), provides in

Allen v. State

526 So. 2d 69, 1988 WL 59164

Supreme Court of Florida | Filed: Jun 9, 1988 | Docket: 1272834

Cited 14 times | Published

unpersuaded by the state's suggestion that section 775.021(4), Florida Statutes (1985), mandates a different

State v. Rodriquez

500 So. 2d 120, 12 Fla. L. Weekly 7

Supreme Court of Florida | Filed: Dec 24, 1986 | Docket: 1295130

Cited 14 times | Published

which would exclude it from the operation of section 775.021(4). On this point the district court reasoned

Borges v. State

394 So. 2d 1046

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1692086

Cited 14 times | Published

of the above cited cases, Florida enacted Section 775.021(4) effective October of 1976 which reads as

Demeko Ladjuan Sims v. State of Florida

260 So. 3d 509

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379114

Cited 13 times | Published

punishments for robbery and theft, it looked to section 775.021, which provides that “[t]he intent of the Legislature

Rodriguez v. State

875 So. 2d 642, 2004 WL 351149

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 1283918

Cited 13 times | Published

employ the Blockburger test, as codified in section 775.021, Florida Statutes (1997), to determine whether

Nicholson v. State

846 So. 2d 1217, 2003 WL 21294060

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1709827

Cited 13 times | Published

qualify for sentencing as a sexual predator under section 775.21, Florida Statutes (1999), and that it was error

WW v. Dept. of Children and Families

811 So. 2d 791, 2002 Fla. App. LEXIS 3019, 2002 WL 385576

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1723519

Cited 13 times | Published

determined to be a sexual predator as defined in section 775.21. The trial court found that appellant was a

Kelly v. State

795 So. 2d 135, 2001 WL 929927

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1673424

Cited 13 times | Published

the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2000). Kelly appeals his

Campbell-Eley v. State

718 So. 2d 327, 1998 WL 634782

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 466286

Cited 13 times | Published

proof of an element that the other does not. See § 775.021(4)(a), Fla. Stat. (1997); State v. Smith, 547

Angell v. State

712 So. 2d 1132, 1998 WL 279232

District Court of Appeal of Florida | Filed: May 29, 1998 | Docket: 489558

Cited 13 times | Published

that designated him a sexual predator under section 775.21-.23, Florida Statutes (1993). We affirm. This

Crawford v. State

662 So. 2d 1016, 1995 WL 680446

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 1282979

Cited 13 times | Published

of the same crime of burglary. Pursuant to section 775.021(4)(b), the Florida Legislature has expressly

Hollingsworth v. State

632 So. 2d 176, 1994 WL 41838

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 462695

Cited 13 times | Published

that is to the benefit of the defendant. See § 775.021(1), Fla. Stat. (1991); Scates v. State, 603 So

Thompson v. State

585 So. 2d 492, 1991 WL 175219

District Court of Appeal of Florida | Filed: Sep 12, 1991 | Docket: 1293502

Cited 13 times | Published

course of a criminal transaction or episode. In section 775.021(4)(b) the Legislature set out basically only

State v. Sholl

18 So. 3d 1158, 2009 Fla. App. LEXIS 14398, 2009 WL 3047390

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640481

Cited 12 times | Published

separate if they pass the two-pronged test of section 775.021(4)(a), Florida Statutes (2008). First, each

Murray v. State

890 So. 2d 451, 2004 WL 3008896

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 1690387

Cited 12 times | Published

State, 438 So.2d 1 (Fla.1983). See generally § 775.021(4)(a), Fla. Stat. (2001). In Sousa v. State, 868

Kidd v. State

855 So. 2d 1165, 2003 WL 22259423

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1752588

Cited 12 times | Published

designated him as a sexual predator pursuant to section 775.21(4)(a). He raises two points on appeal: *1167

Milks v. State

848 So. 2d 1167, 2003 WL 2002765

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1712317

Cited 12 times | Published

the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2000). He argues that the

Gunn v. State

841 So. 2d 629, 2003 WL 1785916

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1233784

Cited 12 times | Published

declared Gunn to be a sexual predator pursuant to section 775.21, Florida Statutes (1999). The standard of review

State v. Smith

840 So. 2d 987, 2003 WL 252117

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 2513778

Cited 12 times | Published

force, violence, assault, or putting in fear. Section 775.021(4)(b), Florida Statutes (1997), entitled "Rules

State v. Reardon

763 So. 2d 418, 2000 WL 707177

District Court of Appeal of Florida | Filed: Jun 1, 2000 | Docket: 1681733

Cited 12 times | Published

arising out of the same criminal episode.[3] Section 775.021(4)(b), Florida Statutes (1997), states that

State v. Maxwell

682 So. 2d 83, 1996 WL 580315

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1680954

Cited 12 times | Published

one criminal episode." See § 775.021(4)(b), Fla. Stat. (1991). Section 775.021(4) is a codification of the

Laines v. State

662 So. 2d 1248, 1995 WL 353512

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1683519

Cited 12 times | Published

accordingly, there is no double jeopardy bar under Section 775.021(4)(a), Florida Statutes (1993), as interpreted

AMERICAN BANKERS INS. v. Monroe County

644 So. 2d 560, 1994 Fla. App. LEXIS 9786, 1994 WL 552475

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1248892

Cited 12 times | Published

included offense under the trafficking charge. § 775.021(4)(a), (b), Fla. Stat. (1991). This being so,

Goodwin v. State

634 So. 2d 157, 1994 WL 26997

Supreme Court of Florida | Filed: Feb 3, 1994 | Docket: 418162

Cited 12 times | Published

Multiple punishments thus are not allowed. Section 775.021(4)(b)2., Fla. Stat. (1989). See also Houser

Lundy v. State

596 So. 2d 1167, 1992 WL 63110

District Court of Appeal of Florida | Filed: Apr 1, 1992 | Docket: 1707281

Cited 12 times | Published

argues that the amendment of Florida Statute Section 775.021(4) modified the applicable law. That amendment

Wilkins v. State

543 So. 2d 800, 1989 WL 41186

District Court of Appeal of Florida | Filed: Apr 27, 1989 | Docket: 1729807

Cited 12 times | Published

at 678. That intent is clearly set forth in section 775.021(4)(b), Florida Statutes (Supp. 1988). Utilizing

Raymond George Miller v. Richard L. Dugger

858 F.2d 1536, 1988 U.S. App. LEXIS 14858, 1988 WL 106040

Court of Appeals for the Eleventh Circuit | Filed: Nov 1, 1988 | Docket: 2159445

Cited 12 times | Published

have been afforded the protection of Fla. Stat. § 775.021(1) (1981). Under that section, Florida provides

Preston v. State

397 So. 2d 712

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1356892

Cited 12 times | Published

included in the other for the purposes of section 775.021(4), since on each count the State was required

Portee v. State

392 So. 2d 314

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 1268188

Cited 12 times | Published

separate sentences for each offense, we look to section 775.021(4), Florida Statutes (1977), which provides:

Bass v. State

380 So. 2d 1181

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1725606

Cited 12 times | Published

continuous course of events. He contends that Section 775.021, Florida Statutes (1979)[1] requires there

Little v. State

111 So. 3d 214, 2013 WL 1442150, 2013 Fla. App. LEXIS 5670

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230777

Cited 11 times | Published

That obligation is expressly set forth in section 775.021(1), which commands that the provisions of the

Ivey v. State

47 So. 3d 908, 2010 Fla. App. LEXIS 16541, 2010 WL 4259815

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 2399118

Cited 11 times | Published

Legislature codified the Blockburger test in section 775.021(4), Florida Statutes (1983), and amended it

Reyes v. State

854 So. 2d 816, 2003 WL 22082192

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1459836

Cited 11 times | Published

Enforcement for the duration of his or her life. § 775.21(6), Fla. Stat. (2001). With respect to procedural

Jimenez v. State

810 So. 2d 511, 2001 WL 1839147

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 2518325

Cited 11 times | Published

this Court receded from Jimenez and held: In section 775.021(1), Florida Statutes (1997), the Legislature

Black v. State

677 So. 2d 22, 1996 WL 332908

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 412368

Cited 11 times | Published

robbery, of which appellant was also convicted. See § 775.021(4)(b)1 Fla. Stat. (1995); Sirmons v. State, 634

State v. Brown

633 So. 2d 1059, 1994 WL 81776

Supreme Court of Florida | Filed: Mar 17, 1994 | Docket: 1297061

Cited 11 times | Published

criminal episode. Id. The court held that section 775.021(4)(a), Florida Statutes (1991), prohibited

Parker v. State

633 So. 2d 72, 1994 WL 47131

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1296817

Cited 11 times | Published

are required because of the provisions of section 775.021, Florida Statutes (Supp. 1988). In the first

Parker v. State

633 So. 2d 72, 1994 WL 47131

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1296817

Cited 11 times | Published

are required because of the provisions of section 775.021, Florida Statutes (Supp. 1988). In the first

Wright v. State

573 So. 2d 998, 1991 WL 10381

District Court of Appeal of Florida | Filed: Jan 29, 1991 | Docket: 479233

Cited 11 times | Published

driving without a license. However, pursuant to section 775.021(4), Florida Statutes (1988), we vacate the

State v. Crumley

512 So. 2d 183, 12 Fla. L. Weekly 454

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 473602

Cited 11 times | Published

punishments were not intended, the rule of lenity in section 775.021(1), Florida Statutes (1983),[3] forbids the

McKinney v. State

66 So. 3d 852, 36 Fla. L. Weekly Supp. 270, 2011 Fla. LEXIS 1345, 2011 WL 2375217

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 1935

Cited 10 times | Published

employ the Blockburger [2] test, as codified in section 775.021, Florida Statutes, to determine whether separate

Negron Gil De Rubio v. State

987 So. 2d 217, 2008 Fla. App. LEXIS 11426, 2008 WL 2853147

District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 1393206

Cited 10 times | Published

Florida, this test is codified as part of section 775.021, Florida Statutes (2004). The courts have acknowledged

Schwenn v. State

898 So. 2d 1130, 2005 WL 715733

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 1732228

Cited 10 times | Published

could not be convicted of both pursuant to section 775.021(4)(b), Florida Statutes, when the acts occurred

Raines v. State

805 So. 2d 999, 2001 WL 1575734

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1242331

Cited 10 times | Published

So.2d 451, (Fla. 4th DCA 2001), we held that section 775.21, Florida's Sexual Predators Act, was unconstitutionally

Russo v. State

804 So. 2d 419, 2001 WL 1202791

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 473516

Cited 10 times | Published

course, result in consecutive sentences, see section 775.021, Florida Statutes, and therefore disparate

Pearman v. State

764 So. 2d 739, 2000 WL 873331

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 469988

Cited 10 times | Published

appellant to be a sexual predator pursuant to section 775.21(4)(a), Florida Statutes (1999).[1] On August

Gibbs v. State

676 So. 2d 1001, 1996 WL 332345

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1693030

Cited 10 times | Published

State v. Smith, 547 So.2d 613 (Fla.1989); section 775.021(4), Florida Statutes (1995). Moreover, for

Lifred v. State

643 So. 2d 94, 1994 WL 539190

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1492784

Cited 10 times | Published

start with the proposition that pursuant to section 775.021(4), Florida Statutes (1989), a trial court

Cave v. State

613 So. 2d 454, 1993 WL 25109

Supreme Court of Florida | Filed: Feb 4, 1993 | Docket: 1511327

Cited 10 times | Published

of which are subsumed by the greater offense." § 775.021(4)(b)3., Fla. Stat. (1991). The statute does not

Newton v. State

603 So. 2d 558, 1992 WL 161482

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 569916

Cited 10 times | Published

such a result when it added subsection (4) to section 775.021. Id. at 212. The court further explained: We

Smith v. State

430 So. 2d 448

Supreme Court of Florida | Filed: May 12, 1983 | Docket: 445795

Cited 10 times | Published

362 So.2d 295 (Fla. 2d DCA 1978), citing section 775.021, Florida Statutes (1977), ruled that it is

Pryor v. State

48 So. 3d 159, 2010 Fla. App. LEXIS 17922, 2010 WL 4723042

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 2400184

Cited 9 times | Published

of a firearm by a violent career criminal. See § 775.021(4)(b)3., Fla. Stat. (2007) (expressing the legislature's

Kelso v. State

961 So. 2d 277, 2007 WL 1836899

Supreme Court of Florida | Filed: Jun 28, 2007 | Docket: 468750

Cited 9 times | Published

transaction rule was legislatively replaced when section 775.021(4) of the Florida Statutes was enacted to read:

Godfrey v. State

947 So. 2d 565, 2006 WL 3796177

District Court of Appeal of Florida | Filed: Dec 28, 2006 | Docket: 1376901

Cited 9 times | Published

contraband is seized as part of the same search. § 775.021(4), Fla. Stat. (2005); Jackson v. State, 418 So

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

including the lifetime employment restrictions in section 775.21(10)(b), Florida Statutes (2000), could be imposed

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

including the lifetime employment restrictions in section 775.21(10)(b), Florida Statutes (2000), could be imposed

Brinson v. State

851 So. 2d 815, 2003 WL 21749043

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1313077

Cited 9 times | Published

construed most favorably to the defendant. See § 775.021(1); Thomas v. State, 741 So.2d 1246 (Fla. 2d DCA

State v. Erickson

852 So. 2d 289, 2003 WL 21511315

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 1305863

Cited 9 times | Published

qualified as a "sexual predator" pursuant to section 775.21(5)(d), Florida Statutes (2002), which includes

Mitchell v. State

830 So. 2d 944, 2002 WL 31626143

District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 1516807

Cited 9 times | Published

exception of the Blockburger test found in section 775.021(4)(b), Florida Statutes (2001) would allow

Wilson v. State

776 So. 2d 347, 2001 WL 60814

District Court of Appeal of Florida | Filed: Jan 26, 2001 | Docket: 421700

Cited 9 times | Published

for in s. 810.09(2)(d). 11. Any stop sign. Section 775.021 indicates the Legislature's intention that

Oce v. State

742 So. 2d 464, 1999 WL 743518

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1710187

Cited 9 times | Published

of a designation as a sexual predator under section 775.21, Florida Statutes (Supp.1996). We affirm the

Jones v. State

728 So. 2d 788, 1999 WL 89933

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 514131

Cited 9 times | Published

is subject *791 to differing constructions, section 775.021(1), Florida Statutes (1997), requires that

McAllister v. State

718 So. 2d 917, 1998 WL 654083

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 466225

Cited 9 times | Published

subsumed by the offense of home invasion robbery. In § 775.021(4)(b), Fla. Stat. (1997),[1] the legislature expressed

Smart v. State

652 So. 2d 448, 1995 WL 119083

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 2581803

Cited 9 times | Published

section 812.133(2)(a), Florida Statutes (1993). See § 775.021, Fla. Stat. (1993). Compare Sirmons v. State,

Murphy v. State

578 So. 2d 410, 1991 WL 58523

District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 440676

Cited 9 times | Published

1985). But in light of certain amendments to section 775.021, Fla. Stat. (Supp. 1988) this court reversed

State v. Roland

577 So. 2d 680, 1991 WL 44997

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 2447352

Cited 9 times | Published

State v. Jackson, 526 So.2d 58 (Fla. 1988); section 775.021(1), Florida Statutes, we hold that section

State v. VAA

577 So. 2d 941, 1991 WL 25375

Supreme Court of Florida | Filed: Feb 28, 1991 | Docket: 2575176

Cited 9 times | Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp. 1988), is it improper

Davis v. State

560 So. 2d 1231, 1990 WL 37488

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 1477421

Cited 9 times | Published

based on legislative intent as expressed in section 775.021(4)(b). To reach this conclusion, however, it

VAA v. State

561 So. 2d 314, 1990 WL 21424

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 1480756

Cited 9 times | Published

were committed after the effective date of section 775.021, Florida Statutes (1988), the statute, as amended

Cardwell v. State

525 So. 2d 1025, 1988 WL 54425

District Court of Appeal of Florida | Filed: Jun 2, 1988 | Docket: 1304509

Cited 9 times | Published

52 S.Ct. 180, 76 L.Ed. 306 (1932); codified at § 775.021(4), Fla. Stat. (1985). [6] §§ 784.03(2), 784

Barton v. State

507 So. 2d 638, 12 Fla. L. Weekly 1065

District Court of Appeal of Florida | Filed: Apr 10, 1987 | Docket: 1513231

Cited 9 times | Published

the opinion the passage of the amendment to section 775.021(4), Florida Statutes (1983), which incorporated

Barton v. State

507 So. 2d 638, 12 Fla. L. Weekly 1065

District Court of Appeal of Florida | Filed: Apr 10, 1987 | Docket: 1513231

Cited 9 times | Published

the opinion the passage of the amendment to section 775.021(4), Florida Statutes (1983), which incorporated

Watts v. State

440 So. 2d 505

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 1728385

Cited 9 times | Published

State, 151 Fla. 778, 10 So.2d 436 (1942). Section 775.021(4), Florida Statutes (1981),[2] has now "abrogated

Watts v. State

440 So. 2d 505

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 1728385

Cited 9 times | Published

State, 151 Fla. 778, 10 So.2d 436 (1942). Section 775.021(4), Florida Statutes (1981),[2] has now "abrogated

Bell v. State

411 So. 2d 319

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 1327554

Cited 9 times | Published

included offenses from the requirement of section 775.021(4), Florida Statutes (1979), that a separate

Bell v. State

122 So. 3d 958, 2013 WL 5539337, 2013 Fla. App. LEXIS 16012

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234822

Cited 8 times | Published

statute in the manner most favorable to Bell, see § 775.021(1), Fla. Stat. (2011), and doing so prohibits

Almendares v. State

916 So. 2d 29, 2005 WL 3116097

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 1659402

Cited 8 times | Published

defendant to concurrent or consecutive sentences. See § 775.021(4)(a), Fla. Stat. (2003) ("and the sentencing

McMullen v. State

876 So. 2d 589, 2004 WL 1227319

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1245407

Cited 8 times | Published

is not an essential element of sale, citing section 775.021(4)(a), Florida Statutes. Therefore, the court

Lawrence v. State

801 So. 2d 293, 2001 WL 1589646

District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 1495392

Cited 8 times | Published

52 S.Ct. 180, 76 L.Ed. 306 (1932). See also § 775.021(4)(b)(1), Fla. Stat. (1997); Gordon v. State,

Mendez v. State

798 So. 2d 749, 2001 WL 314524

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1238566

Cited 8 times | Published

jeopardy protection and the proscriptions of section 775.021(4)(b), Florida Statutes (1997). Since the subsumed

Coblentz v. State

775 So. 2d 359, 2000 WL 1595953

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 1668018

Cited 8 times | Published

Coblentz was a sexual predator pursuant to section 775.21(4)(c), Florida Statutes (1997). We assume from

Simmons v. State

753 So. 2d 762, 2000 WL 294691

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1729098

Cited 8 times | Published

DCA 1998). Because the Sexual Predator Act, section 775.21 of the Florida Statutes, is similar to the

State v. Murray

644 So. 2d 533, 1994 WL 524298

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 1248284

Cited 8 times | Published

elements" test was codified in Florida under section 775.021(4), Florida Statutes (1977). See also Borges

Collins v. State

605 So. 2d 568, 1992 WL 235340

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 459904

Cited 8 times | Published

death survives the statutory amendment to section 775.021(4). Logan v. State, 592 So.2d 295 (Fla. 5th

Cherry v. State

592 So. 2d 292, 1991 WL 272643

District Court of Appeal of Florida | Filed: Dec 18, 1991 | Docket: 160336

Cited 8 times | Published

found in section 775.021, Florida Statutes *294 (1989), must be applied.[1] Section 775.021(4) provides:

Smith v. State

539 So. 2d 601, 1989 WL 21414

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 452801

Cited 8 times | Published

the state's argument that the amendment to section 775.021(4), Florida Statutes (1987), contained in Chapter

O'HARA v. State

448 So. 2d 524

District Court of Appeal of Florida | Filed: Mar 1, 1984 | Docket: 429791

Cited 8 times | Published

evinced a contrary intent by the enactment of section 775.021(4), Florida Statutes (1983). Moreover, if the

Toye v. State

133 So. 3d 540, 2014 WL 228639, 2014 Fla. App. LEXIS 535

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238802

Cited 7 times | Published

construed, it might apply in this instance.8 See § 775.021(1), Fla. Stat. (2013). The Florida Legislature

Gil v. State

118 So. 3d 787, 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60233431

Cited 7 times | Published

violated Florida’s double jeopardy statute, section 775.021(4), Florida Statutes (2009), which provides:

Brook v. State

999 So. 2d 1093, 2009 WL 47020

District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 465772

Cited 7 times | Published

statutes, the rule of lenity contained in section 775.021(1), Florida Statutes, requires that any ambiguity

Grosso v. State

2 So. 3d 362, 2008 Fla. App. LEXIS 19373, 2008 WL 5352103

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1138730

Cited 7 times | Published

birthday in June 2006 and register as required by section 775.21(8)(a), Florida Statutes, Grosso was charged

Severance v. State

972 So. 2d 931, 2007 WL 4338863

District Court of Appeal of Florida | Filed: Dec 13, 2007 | Docket: 1158824

Cited 7 times | Published

susceptible of different interpretations, section 775.021, Florida Statutes, our lenity statute, requires

Hunsicker v. State

881 So. 2d 1166, 2004 WL 1857604

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1465877

Cited 7 times | Published

180, 76 L.Ed. 306 (1932), now codified in section 775.021(4), Florida Statutes (2001). Cruller; Gordon;

Williams v. State

845 So. 2d 987, 2003 WL 21202971

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1728738

Cited 7 times | Published

78 L.Ed.2d 17 (1983). Also, as required by section 775.021(1), Florida Statutes (2000), a strict construction

House v. State

831 So. 2d 1230, 2002 WL 31769268

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1722951

Cited 7 times | Published

sentencing House to consecutive terms of imprisonment. § 775.021(4)(a), Fla. Stat. (2001).

Nelson v. State

780 So. 2d 294, 2001 WL 261598

District Court of Appeal of Florida | Filed: Mar 19, 2001 | Docket: 1298663

Cited 7 times | Published

"sexual predator" or "sexual offender" under section 775.021 or 943.0435, Florida Statutes (1999).[1] Appellant's

State v. Curtin

764 So. 2d 645, 2000 WL 518089

District Court of Appeal of Florida | Filed: Apr 25, 2000 | Docket: 470305

Cited 7 times | Published

declare respondent a sexual predator under section 775.21, Florida Statutes, which the lower court denied

Calliar v. State

714 So. 2d 1134, 1998 WL 390560

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 461507

Cited 7 times | Published

provision most favorably to the accused. See § 775.021(1), Fla.Stat. (1995). The conviction on the charge

Johnson v. State

712 So. 2d 380, 1998 WL 223437

Supreme Court of Florida | Filed: May 7, 1998 | Docket: 1737446

Cited 7 times | Published

Applying the test set out by the legislature in section 775.021(4)(a), Florida Statutes (1995), we answered

State v. Whiting

711 So. 2d 1212, 1998 WL 210767

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1337498

Cited 7 times | Published

section 775.23(2), Florida Statutes (1995) and/or section 775.21, Florida Statutes (Supp.1996). Pursuant to

Marinelli v. State

706 So. 2d 1374, 1998 WL 75001

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 1682644

Cited 7 times | Published

for double jeopardy, which is codified in section 775.021(4), Florida Statutes (1993).[4] As to the restitution

Downs v. State

700 So. 2d 789, 1997 WL 655969

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1373640

Cited 7 times | Published

designating him a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996). We dismiss this

Myers v. State

696 So. 2d 893, 1997 WL 348762

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1696249

Cited 7 times | Published

are bound, however, by the rule of lenity in section 775.021(1).[4] Under the rule of lenity, if any of

Haygood v. State

687 So. 2d 318, 1997 WL 30923

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1718521

Cited 7 times | Published

in the manner most favorable to the accused. § 775.021(1), Fla. Stat. (1995); Scates v. State, 603 So

Foster v. State

596 So. 2d 1099, 1992 WL 41471

District Court of Appeal of Florida | Filed: Mar 6, 1992 | Docket: 1707415

Cited 7 times | Published

1107. Based on these facts and pursuant to section 775.021(4)(b)(3), the court concluded that the battery

Gandy v. State

560 So. 2d 1363, 1990 WL 61943

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 1739563

Cited 7 times | Published

its progeny been superseded by statute — see § 775.021(4), Fla. Stat. (Supp. 1988), and Clark v. State

Wheeler v. State

549 So. 2d 687, 1989 WL 97697

District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 1719725

Cited 7 times | Published

In 1974, the Florida Legislature created section 775.021, Florida Statutes, which provided the rules

Clark v. State

530 So. 2d 519, 1988 WL 91788

District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 1267763

Cited 7 times | Published

law now because the legislature has amended section 775.021(4) to permit multiple convictions for crimes

Hopkins v. State

105 So. 3d 470, 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799

Supreme Court of Florida | Filed: Sep 13, 2012 | Docket: 60227855

Cited 6 times | Published

decision grounded on the rule of lenity. See § 775.021(1), Fla. Stat. (2007). On the other hand, the

Mauldin v. State

9 So. 3d 25, 2009 Fla. App. LEXIS 1917, 2009 WL 529572

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1237496

Cited 6 times | Published

whether he could receive consecutive sentences. Section 775.021(4)(a), Florida Statutes (2002), permits consecutive

Evans v. State

997 So. 2d 1281, 2009 WL 78024

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 1422471

Cited 6 times | Published

must be construed most favorably to the accused. § 775.021, Fla. Stat. (1987). We do not attempt to define

AMP v. State

927 So. 2d 97, 2006 WL 941766

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1765521

Cited 6 times | Published

be strictly construed in favor of an accused. § 775.021, Fla. Stat. (2003). Here, there was no evidence

AMP v. State

927 So. 2d 97, 2006 WL 941766

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1765521

Cited 6 times | Published

be strictly construed in favor of an accused. § 775.021, Fla. Stat. (2003). Here, there was no evidence

Gonzalez v. State

808 So. 2d 1265, 2002 WL 341982

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1474299

Cited 6 times | Published

statewide, as well as placement on the Internet. See § 775.21(7), Fla. Stat. (1997).

Gonzalez v. State

808 So. 2d 1265, 2002 WL 341982

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1474299

Cited 6 times | Published

statewide, as well as placement on the Internet. See § 775.21(7), Fla. Stat. (1997).

Kitts v. State

766 So. 2d 1067, 2000 WL 553926

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740

Cited 6 times | Published

the benefit of the defendant, not the state. § 775.021(1), Fla. Stat. (1999) ("When ... language is susceptible

Casselman v. State

761 So. 2d 482, 2000 WL 864206

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 1299959

Cited 6 times | Published

Wallace; Sirmons v. State, 634 So.2d 153 (Fla.1994); § 775.021(4)(b)(3), Fla.Stat. (Supp.1998). The evidence

State v. Fleming

751 So. 2d 620, 1999 WL 1076801

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 1712537

Cited 6 times | Published

are bound to do under our rule of lenity, section 775.021(1), Florida Statutes, we conclude that there

Gifford v. State

744 So. 2d 1046, 1999 WL 641853

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1381237

Cited 6 times | Published

to the crime of attempted sexual battery. See § 775.021(1), Fla. Stat. (1997). The fifth district reached

Mogavero v. State

744 So. 2d 1048, 1999 WL 641796

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1721503

Cited 6 times | Published

Lauderdale, 675 So.2d 696, 698 (Fla. 4th DCA 1996); § 775.021(1), Fla. Stat. (1997). When the legislature defines

Aiken v. State

742 So. 2d 811, 1999 WL 586967

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 1303328

Cited 6 times | Published

outlined above is Aiken's sole issue on appeal. Section 775.021(4)(b), Florida Statutes (1995), states that

Billiot v. State

711 So. 2d 1277, 1998 WL 251475

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337772

Cited 6 times | Published

conviction and the aggravated battery convictions. Section 775.021(4)(a) and (b), Florida Statutes, provide: (4)(a)

Soto v. State

711 So. 2d 1275, 1998 WL 250752

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1700604

Cited 6 times | Published

should be interpreted favorably to the accused. § 775.021(1), Fla. Stat. (1995). The problem with appellant's

State v. McDonald

690 So. 2d 1317, 1997 WL 67953

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 1524670

Cited 6 times | Published

without violating double jeopardy prohibitions. Section 775.021, Florida Statutes (1993), sets out the rules

Brown v. State

608 So. 2d 114, 1992 WL 312849

District Court of Appeal of Florida | Filed: Nov 2, 1992 | Docket: 1732436

Cited 6 times | Published

the two crimes cannot be separate. Accord Section 775.021(4)(b)(3), Florida Statutes (1989), excluding

Perrin v. State

599 So. 2d 1365, 1992 WL 102438

District Court of Appeal of Florida | Filed: May 18, 1992 | Docket: 1483877

Cited 6 times | Published

worthless check charges requires us to apply section 775.021(4), Florida Statutes (1989), which provides:

Canales v. State

571 So. 2d 87, 1990 WL 199164

District Court of Appeal of Florida | Filed: Dec 13, 1990 | Docket: 1281762

Cited 6 times | Published

should apply the rule of lenity set out in section 775.021, Florida Statutes (1988) and construe the provision

Rowe v. State

574 So. 2d 1107, 1990 WL 261985

District Court of Appeal of Florida | Filed: Nov 28, 1990 | Docket: 1437202

Cited 6 times | Published

conviction. In light of those facts and pursuant to section 775.021(4)(b)3, the statutory elements of the lesser

Williams v. State

565 So. 2d 838, 1990 WL 115530

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 1403333

Cited 6 times | Published

C.J., and BARFIELD, J., concur. NOTES [1] Section 775.021(4), Florida Statutes (Supp. 1988), overrode

Weiner v. State

562 So. 2d 392, 1990 WL 71772

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 1255983

Cited 6 times | Published

the offenses are combined in one scoresheet. § 775.021(4), Fla. Stat. (1987). However, the total sentence

Meadows v. State

534 So. 2d 1233, 1988 WL 131615

District Court of Appeal of Florida | Filed: Dec 14, 1988 | Docket: 2569472

Cited 6 times | Published

1988). Although the legislature has amended section 775.021(4), effective July 1, 1988, which will ultimately

Gordon v. State

457 So. 2d 1095

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 426331

Cited 6 times | Published

our Florida Supreme Court recently held that section 775.021(4)[7] only applies to necessarily lesser included

Palmer v. State

416 So. 2d 878

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 465240

Cited 6 times | Published

abrogated the single transaction rule. Florida Statute 775.021(4) (1977). The record does not support

Palmer v. State

416 So. 2d 878

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 465240

Cited 6 times | Published

abrogated the single transaction rule. Florida Statute 775.021(4) (1977). The record does not support

Fundak v. State

362 So. 2d 295

District Court of Appeal of Florida | Filed: Jun 30, 1978 | Docket: 1715769

Cited 6 times | Published

further modified by Section 775.021, Florida Statutes (1977). We hold that Section 775.021 applies to the

Ronald Williams v. State of Florida

186 So. 3d 989, 41 Fla. L. Weekly Supp. 73, 2016 Fla. LEXIS 456, 2016 WL 825242

Supreme Court of Florida | Filed: Mar 3, 2016 | Docket: 3041226

Cited 5 times | Published

711 So. 2d 524, 524 (Fla. 1998)); see also § 775.021(4)(a), Fla. Stat. (2008) (“Whoever, in the course

Williams v. State

90 So. 3d 931, 2012 WL 2345118, 2012 Fla. App. LEXIS 9995

District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60309709

Cited 5 times | Published

survive a “same elements” test, as defined by section 775.021, Florida Statutes, most commonly known as the

YEYE v. State

37 So. 3d 324, 2010 Fla. App. LEXIS 5587, 2010 WL 1687617

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 159311

Cited 5 times | Published

Blockburger ‘same-elements’ test pursuant to section 775.021(4) ... is the sole method of determining whether

Bailey v. State

21 So. 3d 147, 2009 Fla. App. LEXIS 16554, 2009 WL 3670707

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 1655971

Cited 5 times | Published

multiple convictions and punishments may be imposed. § 775.021(4)(a), Fla. Stat. (2007). Appellant also raised

Miller v. State

971 So. 2d 951, 2007 WL 4547164

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1731725

Cited 5 times | Published

have the same meaning ascribed in s. 775.21"); § 775.21(2)(f) & (g), Fla. Stat. (2006) (defining "[p]ermanent

Labovick v. State

958 So. 2d 1065, 2007 WL 1688034

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1413919

Cited 5 times | Published

P. v. State, 682 So.2d 79, 81 (Fla.1996)). Section 775.021(4)(b)(3), Florida Statutes, prohibits multiple

Perez v. State

951 So. 2d 859, 2006 WL 1867476

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1682638

Cited 5 times | Published

of the Florida Constitution, or contravenes section 775.021(4)(b), Florida Statutes (2003). It has been

Lopez-Vazquez v. State

931 So. 2d 231, 2006 WL 1649020

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1522222

Cited 5 times | Published

one criminal episode requires application of section 775.021(4), Florida Statutes (2005), to determine whether

Ross v. State

901 So. 2d 252, 2005 WL 957061

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 2536339

Cited 5 times | Published

Huggins, 802 So.2d 276 (Fla. 2001). Applying section 775.021(1), Florida Statutes (1997), the supreme court

Miller v. State

861 So. 2d 1283, 2004 WL 19487

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 311890

Cited 5 times | Published

2003) (holding Florida Sexual Predator's Act, section 775.21, Florida Statutes (2000), to be unconstitutional

Luda v. State

860 So. 2d 457, 2003 WL 22336133

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 1511611

Cited 5 times | Published

determined that the Florida Sexual Predators Act, section 775.21, Florida Statutes, is constitutional. See Reyes

Coblentz v. State

855 So. 2d 681, 2003 WL 22238979

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1752481

Cited 5 times | Published

declared to be a sexual predator pursuant to section 775.21(4)(c), Florida Statutes (1997). Mr. Coblentz

Swilley v. State

845 So. 2d 930, 2003 WL 1936123

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 1728701

Cited 5 times | Published

682 So.2d 79, 81 (Fla.1996)). To that end, section 775.021(4)(b) of the Florida Statutes (1999) mandates

Burris v. State

825 So. 2d 1034, 2002 WL 31039623

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 1312312

Cited 5 times | Published

the dictates of the Legislature set forth in section 775.021(1), Florida Statutes (2001), which provides:

Rodriguez v. State

773 So. 2d 1222, 2000 WL 1816833

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1291714

Cited 5 times | Published

"[b]ecause of the rule of lenity codified in section 775.021(1), Florida Statutes (1997), we conclude that

State v. Wise

744 So. 2d 1035, 1999 WL 123568

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1721415

Cited 5 times | Published

to differing constructions. That being so, section 775.021(1)[3] requires us to construe section 775.082(8)

Vasquez v. State

711 So. 2d 1305, 1998 WL 281293

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1700550

Cited 5 times | Published

So.2d 492 (Fla. 5th DCA 1991) (holding that section 775.021(4)(b), Florida Statutes (1989), barred concurrent

JM v. State

709 So. 2d 157, 1998 WL 135119

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1682155

Cited 5 times | Published

are degrees of the same offense pursuant to section 775.021(4)(b)2, Florida Statutes (1989). See also Crittenden

Gilbert v. State

680 So. 2d 1132, 1996 WL 590968

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1663883

Cited 5 times | Published

requires that he be given the benefit of that doubt. § 775.021(1), Fla. Stat. (1995); see State v. Griffith,

Green v. State

680 So. 2d 1067

District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 1663856

Cited 5 times | Published

amendment to the rules of construction in section 775.021(4), Florida Statutes (1991), requires this

Wolf v. State

679 So. 2d 351, 1996 WL 501435

District Court of Appeal of Florida | Filed: Sep 6, 1996 | Docket: 1666149

Cited 5 times | Published

card arising out of a single act is improper. § 775.021(4), Fla. Stat. (1993). Legislative intent governs

Logan v. State

666 So. 2d 260, 1996 WL 14050

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 159337

Cited 5 times | Published

the court resorted to our lenity statute, section 775.021(1), Florida Statutes (Supp. 1988) and held

MPC v. State

659 So. 2d 1293, 1995 WL 516474

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 38859

Cited 5 times | Published

Sirmons v. State, 634 So.2d 153 (Fla. 1994); § 775.021(4)(b), Fla. Stat. (1993). We conclude that In

Bradham v. State

657 So. 2d 40, 1995 WL 376690

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 464052

Cited 5 times | Published

accusatory pleading or the proof adduced at trial." § 775.021(4)(a), Fla. Stat. See Brown v. State, 617 So.2d

Cooper v. State

621 So. 2d 729, 1993 WL 186549

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1265937

Cited 5 times | Published

advent of Houser, the legislature has enacted section 775.021(4), effective July 1, 1988. Ch. 88-131, § 7

Brown v. State

617 So. 2d 744, 1993 WL 105442

District Court of Appeal of Florida | Filed: Apr 12, 1993 | Docket: 1512588

Cited 5 times | Published

88-131, section 7, Laws of Florida (codified in section 775.021(4)(b), Florida Statutes). The court stated

Arnold v. State

578 So. 2d 515, 1991 WL 65936

District Court of Appeal of Florida | Filed: May 1, 1991 | Docket: 440707

Cited 5 times | Published

as did the second district, referring to section 775.021(4), Florida Statutes (Supp. 1988), that: "Nothing

Collins v. State

577 So. 2d 986, 1991 WL 44970

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 2589430

Cited 5 times | Published

effective date of the statutory amendment to section 775.021(4), Fla. Stat. (Supp. 1988), and therefore

Hightower v. State

488 So. 2d 106, 11 Fla. L. Weekly 975

District Court of Appeal of Florida | Filed: Apr 24, 1986 | Docket: 1287170

Cited 5 times | Published

is arguable that the amendment in 1983 of section 775.021(4), Florida Statutes,[6] which recognizes the

Cantrell v. State

405 So. 2d 986

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1348430

Cited 5 times | Published

has enacted the single transaction statute, Section 775.021(4), Florida Statutes (Supp. 1976), which provides:

Damoah v. State

189 So. 3d 316, 2016 WL 2747665, 2016 Fla. App. LEXIS 5908

District Court of Appeal of Florida | Filed: Apr 19, 2016 | Docket: 60254476

Cited 4 times | Published

negligent. The lenity principle codified at section 775.021(l)-(2), Florida . Statutes (2014), requires

Holt v. State

173 So. 3d 1079, 2015 Fla. App. LEXIS 12029, 2015 WL 4768997

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60250199

Cited 4 times | Published

violate the Blockburger test,1 as codified in section 775.021(4), Florida Statutes (2013). Valdes v. State

Pinder v. State

128 So. 3d 141, 2013 WL 5950995, 2013 Fla. App. LEXIS 17860

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236993

Cited 4 times | Published

preclude convictions under both subsections. See § 775.021(4)(b)3., Fla. Stat. (2011) (intent of Legislature

Macchione v. State

123 So. 3d 114, 2013 WL 5575560, 2013 Fla. App. LEXIS 16195

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234864

Cited 4 times | Published

jurisprudence, it has become a statutory directive. See § 775.021(1), Fla. Stat. (2009) (“The provisions of this

Williams v. State

121 So. 3d 524, 38 Fla. L. Weekly Supp. 605, 2013 WL 4555586, 2013 Fla. LEXIS 1864

Supreme Court of Florida | Filed: Aug 29, 2013 | Docket: 60234444

Cited 4 times | Published

in relation to the rule of construction in section 775.021(4)(a), Florida Statutes (2008). The general

Ramirez v. State

113 So. 3d 105, 2013 WL 2116570, 2013 Fla. App. LEXIS 7966

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231404

Cited 4 times | Published

element that the other does not,” codified at section 775.021(4)(a), Florida Statutes (2009).3 If, as here

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

705 F.3d 1284, 2013 WL 221459, 2013 U.S. App. LEXIS 1457

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 890400

Cited 4 times | Published

as a sexual predator pursuant to [Fla. Stat. §] 775.21 or a person previously designated as a sexual

State v. Little

104 So. 3d 1263, 2013 WL 85436, 194 L.R.R.M. (BNA) 3039, 2013 Fla. App. LEXIS 324

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60227390

Cited 4 times | Published

v. State, 991 So.2d 803, 814 (Fla.2008); see § 775.021(1), Fla. Stat (2010). In section 790.25(4), the

Sanders v. State

101 So. 3d 373, 2012 WL 4512774, 2012 Fla. App. LEXIS 16705

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60226271

Cited 4 times | Published

applies the Blockburger2 test, as codified in section 775.021, Florida Statutes, to deter*375mine whether

Williams v. State

66 So. 3d 360, 2011 Fla. App. LEXIS 11409, 2011 WL 2936748

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2564581

Cited 4 times | Published

clear conflict with the policy it announced in section 775.021(4)(b), Florida Statutes (1988). Nevertheless

Thomas v. State

61 So. 3d 1157, 2011 Fla. App. LEXIS 5351, 2011 WL 1414685

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 2364702

Cited 4 times | Published

offenses "are degrees of the same offense." See § 775.021(4)(b)2, Fla. Stat. While the State agrees that

Cassista v. State

57 So. 3d 265, 2011 Fla. App. LEXIS 3984, 2011 WL 1080131

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60298987

Cited 4 times | Published

be construed most favorably to the defendant. § 775.021(1), Fla. Stat. (2006); Thomas v. State, 741 So

McKinney v. State

51 So. 3d 645, 2011 Fla. App. LEXIS 421, 2011 WL 198397

District Court of Appeal of Florida | Filed: Jan 24, 2011 | Docket: 60297692

Cited 4 times | Published

52 S.Ct. 180, 76 L.Ed. 306 (1932)); see also § 775.021(4)(a), Fla. Stat. (2008) (codifying Blockburger)

Lowe v. State

40 So. 3d 789, 2010 Fla. App. LEXIS 9748, 2010 WL 2628658

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1219402

Cited 4 times | Published

must be construed most favorably to the accused. § 775.021, Fla. Stat. (2009). Lowe contends that his conduct

Cuevas v. State

31 So. 3d 290, 2010 Fla. App. LEXIS 4191, 2010 WL 1222737

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647699

Cited 4 times | Published

order designating him a sexual predator under section 775.21, Florida Statutes (2006). The issue to be determined

Brinson v. State

18 So. 3d 1075, 2009 Fla. App. LEXIS 769, 2009 WL 261480

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1640423

Cited 4 times | Published

based on only one act. The court relied on section 775.021(4)(b), Florida Statutes (1991), which provides

Beahr v. State

992 So. 2d 844, 2008 WL 4377316

District Court of Appeal of Florida | Filed: Sep 29, 2008 | Docket: 1388968

Cited 4 times | Published

The Blockburger test, which is codified in section 775.021, Florida Statutes (2007), "prohibits courts

Meshell v. State

980 So. 2d 1169, 2008 WL 977193

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1416899

Cited 4 times | Published

in section 775.021, Florida Statutes. Of particular relevance to our analysis is section 775.021(4)(a)

Valdes v. State

970 So. 2d 414, 2007 WL 3355061

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1695145

Cited 4 times | Published

The Blockburger test has been codified in section 775.021(4), Florida Statutes (2003), which provides

Williams v. State

959 So. 2d 790, 2007 WL 1790749

District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 528076

Cited 4 times | Published

v. State, 682 So.2d 79, 81 (Fla.1996)). In section 775.021(4)(b), Florida Statutes (2004), the legislature

Coleman v. State

956 So. 2d 1254, 2007 WL 1544120

District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 1740538

Cited 4 times | Published

either double jeopardy or section 775.021(4)(b)(3)." Id. at 859. Section 775.021(4)(b), Florida Statutes

Galston v. State

943 So. 2d 968, 2006 WL 3523743

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1527405

Cited 4 times | Published

must be construed in favor of the defendant. § 775.021(1), Fla. Stat. (2006). In essence, the trial court

Galston v. State

943 So. 2d 968, 2006 WL 3523743

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1527405

Cited 4 times | Published

must be construed in favor of the defendant. § 775.021(1), Fla. Stat. (2006). In essence, the trial court

Butler v. State

923 So. 2d 566, 2006 WL 708574

District Court of Appeal of Florida | Filed: Mar 22, 2006 | Docket: 1745127

Cited 4 times | Published

declare Butler a sexual predator pursuant to section 775.21, Florida Statutes (2002). In response, Butler

Inman v. State

916 So. 2d 59, 2005 WL 3408037

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 1187628

Cited 4 times | Published

proscription, the rule of lenity embodied in section 775.021(1), Florida Statutes (2004), should apply such

Hearns v. State

912 So. 2d 377, 30 Fla. L. Weekly Fed. D 2401

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1648533

Cited 4 times | Published

statute strictly in favor of the accused. See § 775.021, Fla. Stat. (1985). Following Perkins, with no

Hanson v. State

905 So. 2d 1036, 2005 WL 1584020

District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 399312

Cited 4 times | Published

virtue of his designation as a sexual predator. § 775.21, Fla. Stat. (2004). He argues that the statute

Walker v. State

880 So. 2d 1262, 2004 WL 1932726

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1689210

Cited 4 times | Published

must be construed favorably to the accused. See § 775.021, Fla. Stat. (1999); State v. Rife, 789 So.2d 288

Elozar v. State

872 So. 2d 934, 2004 WL 587651

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1357560

Cited 4 times | Published

The court also analyzed the provisions of section 775.021(4), Florida Statutes (1981), and likewise found

Lopez v. State

864 So. 2d 1151, 2003 WL 23094766

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1425722

Cited 4 times | Published

is susceptible of differing constructions, section 775.021(1) requires that we adopt the construction

Therrien v. State

859 So. 2d 585, 2003 WL 22768356

District Court of Appeal of Florida | Filed: Nov 25, 2003 | Docket: 1284683

Cited 4 times | Published

Appellant as a sexual predator pursuant to section 775.21, Florida Statutes (2000), as amended effective

Florida v. State

855 So. 2d 109, 2003 WL 21537394

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1752508

Cited 4 times | Published

52 S.Ct. 180, 76 L.Ed. 306 (1932), codified in § 775.021(4), Fla. Stat. (1995); Johnson v. State, 744 So

Schirmer v. State

837 So. 2d 587, 2003 WL 327504

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1527559

Cited 4 times | Published

Instr. (Crim.) 372. However, the exception in section 775.021(4)(b)3 for lesser included offenses *589 applies

Jackson v. State

807 So. 2d 684, 2001 WL 1635539

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 1750739

Cited 4 times | Published

predators must register in accordance with section 775.21, Florida Statutes (2000). § 943.0435(5). Sections

State v. Wilson

793 So. 2d 1003, 26 Fla. L. Weekly Fed. D 1573

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1267060

Cited 4 times | Published

must be construed most favorably to the accused. § 775.021(1), Fla. Stat. (1997). In enacting section 775

Borjas v. State

790 So. 2d 1114, 2001 WL 575210

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 1734298

Cited 4 times | Published

constructions be construed most favorably to the accused. § 775.021(1). Lenity is founded on the due process requirement

Holliday v. State

781 So. 2d 496, 2001 WL 303232

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1310711

Cited 4 times | Published

DCA 1993), aff'd, 633 So.2d 1059 (Fla.1994). Section 775.021(4)(b) of the Florida Statutes (1995) sets forth

Grumet v. State

771 So. 2d 39, 2000 WL 1396216

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1338928

Cited 4 times | Published

registering his change of address, pursuant to section 775.21, Florida Statutes. He argued that he did not

State v. Baksh

758 So. 2d 1222, 2000 WL 628328

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 2508349

Cited 4 times | Published

unsophisticated manner. Under the rule of lenity, section 775.021(1), Florida Statutes, we construe "unsophisticated"

Ross v. State

760 So. 2d 214, 2000 WL 486253

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 2557448

Cited 4 times | Published

use of a credit card, is in contravention of section 775.021(4)(b)(2), Florida Statutes (1993), we must

Taylor v. State

751 So. 2d 659, 1999 WL 1267224

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 1712554

Cited 4 times | Published

are degrees of the same offense pursuant to section 775.021(4)(b)2, Florida Statutes (1989). See also Crittenden

State v. Colley

744 So. 2d 1172, 1999 WL 992683

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721420

Cited 4 times | Published

predator designation for Mr. Colley pursuant to section 775.21(4)(a)(2)(b), Florida Statutes (Supp. 1996)

Gordon v. State

744 So. 2d 1112, 1999 WL 817185

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 2480030

Cited 4 times | Published

offense are subsumed by the greater offense. § 775.021(4)(b)1.-3., Fla. Stat. (1997). The State argues

Cuevas v. State

741 So. 2d 1234, 1999 WL 776086

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 453109

Cited 4 times | Published

reject the greater charge. And, because of section 775.021(4)(b)3, Florida Statutes, a conviction of the

Hill v. State

730 So. 2d 322, 1999 WL 69660

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 1755397

Cited 4 times | Published

during single criminal episode or transaction, § 775.021(4), Fla. Stat., required separate sentences for

Duhart v. State

724 So. 2d 1223, 1998 WL 906741

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 1410375

Cited 4 times | Published

double-jeopardy protections as codified under section 775.021(4)(b), Florida Statutes (1997). Specifically

Howard v. State

723 So. 2d 863, 1998 WL 827758

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1693545

Cited 4 times | Published

language with the words "a motor vehicle." Section 775.021(4)(a), Florida Statutes (1995), precludes multiple

Ortega v. State

712 So. 2d 833, 1998 WL 374772

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1471609

Cited 4 times | Published

Florida Sexual Predator's Act, codified at section 775.21-23, Florida Statutes (1993) and the changes

Wallace v. State

689 So. 2d 1159, 1997 WL 90827

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1477138

Cited 4 times | Published

address the history of that statement of intent. Section 775.021 contains a general statement of legislative

Gaber v. State

662 So. 2d 422, 1995 WL 653546

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 1282827

Cited 4 times | Published

considered separate for double jeopardy purposes. See § 775.021(4)(a), Fla. Stat. (1993); State v. Smith, 547

Turner v. State

661 So. 2d 93, 1995 WL 516437

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1526379

Cited 4 times | Published

County Jail facility following his arrest. Section 775.021(4), Florida Statutes (1993) provides: (a) Whoever

Adams v. State

650 So. 2d 1039, 1995 WL 46412

District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 1345942

Cited 4 times | Published

299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see § 775.021(4), Fla. Stat. (1991); Saldana v. State, 634 So

Richardson v. Lewis

639 So. 2d 1098, 1994 WL 380913

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 1310239

Cited 4 times | Published

113 S.Ct. at 2856, 125 L.Ed.2d at 568; see also § 775.021(4), Fla. Stat. (1991).[1] We affirm the appellant's

Sprow v. State

639 So. 2d 992, 1994 WL 43842

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 1310613

Cited 4 times | Published

not err in imposing consecutive sentences. See § 775.021(4)(a), Fla. Stat. (1991). The defendant's convictions

Johnson v. State

596 So. 2d 495, 1992 WL 57168

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 1358992

Cited 4 times | Published

illegal. The court went on to state: Although section 775.021(4) directs that a trial judge may order separate

State v. Oliver

581 So. 2d 1304, 1991 WL 117479

Supreme Court of Florida | Filed: Jul 3, 1991 | Docket: 1294132

Cited 4 times | Published

same narcotic to be separate crimes under section 775.021(4), Florida Statutes (Supp. 1988), and thus

Kelly v. State

552 So. 2d 1140, 1989 WL 122628

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 1663560

Cited 4 times | Published

lenity which the supreme court read into *1144 section 775.021, Florida Statutes (1987).[3] Although Willingham

Sheppard v. State

549 So. 2d 796, 1989 WL 114249

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1373726

Cited 4 times | Published

88-131, section 7, Laws of Florida amending section 775.021(4), Florida Statutes (1987) clarifying its

St. Fabre v. State

548 So. 2d 797, 1989 WL 103994

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1758197

Cited 4 times | Published

This test has been codified since 1983 in section 775.021(4), Florida Statutes (emphasis added): Whoever

Cherry v. State

540 So. 2d 146, 1989 WL 20687

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 1294147

Cited 4 times | Published

on July 31, 1986, whereas the amendment to section 775.021(4) became effective July 1, 1988.

Denmark v. State

538 So. 2d 68, 1989 WL 5679

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 472382

Cited 4 times | Published

apparently in response to Carawan, amended section 775.021 by adding subsection (4)(b), which states that

Williams v. State

528 So. 2d 453, 1988 WL 66082

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 1368162

Cited 4 times | Published

the accused. The rule of lenity codified in section 775.021(1), Florida Statutes, is but one statutory

Crumley v. State

489 So. 2d 112, 11 Fla. L. Weekly 1147

District Court of Appeal of Florida | Filed: May 15, 1986 | Docket: 545691

Cited 4 times | Published

Accordingly, the state argues that under section 775.021(4), Florida Statutes (1983), (one who commits

Colvin v. State

445 So. 2d 657

District Court of Appeal of Florida | Filed: Feb 21, 1984 | Docket: 1287458

Cited 4 times | Published

and NIMMONS, JJ., concur. NOTES [1] Nor is Section 775.021(4), Florida Statutes (1981), controlling. It

Boivin v. State

436 So. 2d 1074

District Court of Appeal of Florida | Filed: Sep 6, 1983 | Docket: 1701163

Cited 4 times | Published

lesser included of aggravated assault). Since section 775.021(4), Florida Statutes (1981), precludes the

Gonzalez v. State

271 So. 3d 80

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560216

Cited 3 times | Published

not require proof of a different element.”); § 775.021(4), Fla. Stat. (2018) (codifying the Blockburger

Smith v. State

215 So. 3d 113, 2017 WL 729773, 2017 Fla. App. LEXIS 2537

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60264532

Cited 3 times | Published

that courts strictly construe criminal statutes. § 775,021(1), Fla. Stat. At trial, the court insfructed

John Doe 1 v. Miami-Dade County

846 F.3d 1180, 2017 WL 360510, 2017 U.S. App. LEXIS 1303

Court of Appeals for the Eleventh Circuit | Filed: Jan 25, 2017 | Docket: 4573346

Cited 3 times | Published

shall have the meaning ascribed to such term in Section 775.21, Florida Statutes. (13) “Temporary residence”

Tuttle v. State

137 So. 3d 393, 2014 WL 481180, 2014 Fla. App. LEXIS 1671

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60240301

Cited 3 times | Published

violation, this Court has stated that based upon section 775.021(4), lesser offenses “are those in which the

Cenatis v. State

120 So. 3d 41, 2013 WL 3811766, 2013 Fla. App. LEXIS 11593

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234116

Cited 3 times | Published

most favorably to the accused.’ ” Id. (quoting § 775.021(1), Fla. Stat. (1997)). In the instant case, the

Cenatis v. State

120 So. 3d 41, 2013 WL 3811766, 2013 Fla. App. LEXIS 11593

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234116

Cited 3 times | Published

most favorably to the accused.’ ” Id. (quoting § 775.021(1), Fla. Stat. (1997)). In the instant case, the

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-02

113 So. 3d 754, 2013 Fla. LEXIS 1938, 2013 WL 1908384

Supreme Court of Florida | Filed: May 9, 2013 | Docket: 60231606

Cited 3 times | Published

register with the department; penalty), and section 775.21, Florida Statutes (2012) (The Florida Sexual

Hostetter v. State

82 So. 3d 1217, 2012 WL 987400, 2012 Fla. App. LEXIS 4595

District Court of Appeal of Florida | Filed: Mar 26, 2012 | Docket: 60306066

Cited 3 times | Published

Byars, 823 So.2d 740, 742 (Fla.2002); see also § 775.021(1), Fla. Stat. (2007) (“The provisions of this

Benjamin v. State

77 So. 3d 781, 2011 Fla. App. LEXIS 20323, 2011 WL 6372961

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60304788

Cited 3 times | Published

codified Blockburger analysis set forth in section 775.021. Paul, 934 So.2d at 1172. Noting that the Blockburger

Palumbo v. State

52 So. 3d 834, 2011 Fla. App. LEXIS 596, 2011 WL 248513

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60297854

Cited 3 times | Published

potential ambiguity, as is the case here. See § 775.021(1), Fla. Stat. (2010) (rule of lenity applies

KJF v. State

44 So. 3d 1204, 2010 WL 3783340

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2400591

Cited 3 times | Published

considered whether The Florida Sexual Predator Act, section 775.21, Florida Statutes (2000), permitted classification

Aldacosta v. State

41 So. 3d 1096, 2010 Fla. App. LEXIS 12164, 2010 WL 3238999

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1295513

Cited 3 times | Published

statutes strictly and in favor of the accused. See § 775.021(1), Fla. Stat. (2007). Mr. Aldacosta's prior conviction

Smith v. State

41 So. 3d 1041, 2010 Fla. App. LEXIS 11696, 2010 WL 3119943

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 2400271

Cited 3 times | Published

employ the Blockburger test, as codified in section 775.021(4), Florida Statutes, to determine whether

Rogers v. State

33 So. 3d 805, 2010 Fla. App. LEXIS 5532, 2010 WL 1641488

District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 1649374

Cited 3 times | Published

designated appellant a "sexual predator" under section 775.21, Florida Statutes (2008), without a contemporaneous

Munroe v. State

28 So. 3d 973, 2010 Fla. App. LEXIS 2519, 2010 WL 711855

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1168094

Cited 3 times | Published

(holding that the Florida Sexual Predators Act, § 775.21 (Supp.1998), "which requires certain defendants

KINGRY v. State

28 So. 3d 173, 2010 Fla. App. LEXIS 1434, 2010 WL 481028

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1652263

Cited 3 times | Published

been designated a sexual predator pursuant to section 775.21, Florida Statutes (2002), although he did not

McKinney v. State

24 So. 3d 682, 2009 Fla. App. LEXIS 19775, 2009 WL 4874472

District Court of Appeal of Florida | Filed: Dec 18, 2009 | Docket: 1648384

Cited 3 times | Published

employ the Blockburger[1] test, as codified in section 775.021, Florida Statutes, to determine whether separate

State v. Lacayo

8 So. 3d 385, 2009 Fla. App. LEXIS 1931, 2009 WL 529431

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1222789

Cited 3 times | Published

was designated a sexual predator, pursuant to Section 775.21, Florida Statutes. Therefore, defendant has

Griffin v. State

979 So. 2d 1253, 2008 WL 1883877

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1407911

Cited 3 times | Published

are *1256 required to apply the rule of lenity. § 775.021(1), Fla. Stat. (2006) ("The provisions of this

Duan v. State

970 So. 2d 903, 2007 WL 4480757

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 693376

Cited 3 times | Published

contends this court is obligated, pursuant to section 775.021, Florida Statutes, to strictly construe section

Gonzalez v. State

941 So. 2d 1226, 2006 WL 3327609

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 431795

Cited 3 times | Published

be construed most favorably to the accused." § 775.021, Fla. Stat. (2005). "To discern legislative intent

Newell v. State

935 So. 2d 83, 2006 WL 2190958

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1696097

Cited 3 times | Published

offense of attempted voluntary manslaughter. See § 775.021(4) Fla. Stat. (2001). See also Bradley v. State

Darville v. State

912 So. 2d 63, 2005 WL 2373727

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1755504

Cited 3 times | Published

State, *66 682 So.2d 79, 81 (Fla.1996)). In section 775.021(4), the legislature has made plain its intent

Jackson v. State

907 So. 2d 696, 2005 WL 1812800

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 1513045

Cited 3 times | Published

declared Jackson a "sexual predator," pursuant to section 775.21, Florida Statutes (2000). Subsequently, the

Rich v. State

823 So. 2d 208, 2002 WL 1723878

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 458654

Cited 3 times | Published

applied the Blockburger[2] test codified in section 775.021(4), Florida Statutes (1999), to determine whether

Muniz v. State

764 So. 2d 729, 2000 WL 869395

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 470381

Cited 3 times | Published

of this statute must favor the defendant. See § 775.021(1), Fla. Stat. (1997). We must therefore interpret

Duer v. Moore

765 So. 2d 743, 2000 WL 650519

District Court of Appeal of Florida | Filed: May 22, 2000 | Docket: 428968

Cited 3 times | Published

requires that he be given the benefit of that doubt. § 775.021(1), Fla. Stat. (1995); see State v. Griffith,

Brown v. State

761 So. 2d 1135, 2000 WL 309814

District Court of Appeal of Florida | Filed: Mar 27, 2000 | Docket: 1709338

Cited 3 times | Published

State, 477 So.2d 5, 5-6 (Fla. 1st DCA 1985). Section 775.021(4), Florida Statutes (1997), provides an essential

Payne v. State

753 So. 2d 129, 2000 WL 201832

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 259233

Cited 3 times | Published

designating him to be a sexual predator pursuant to section 775.21(4)(c), Florida Statutes (1997). We affirm.

Thomas v. State

741 So. 2d 1246, 1999 WL 790652

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 1409694

Cited 3 times | Published

is susceptible of differing constructions, section 775.021(1) requires that we adopt the construction

Junior v. State

763 So. 2d 1056, 1999 WL 393466

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 2572363

Cited 3 times | Published

Sirmons v. State, 634 So.2d 153 (Fla.1994). See § 775.021(4)(b), Fla. Stat. (1997). Additionally, grand

Clark v. State

720 So. 2d 1097, 1998 WL 718054

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 1719006

Cited 3 times | Published

Declare Defendant a Sexual Predator," pursuant to section 775.21, Florida Statutes (1997). In April 1998, while

Franklin v. State

719 So. 2d 938, 1998 WL 633806

District Court of Appeal of Florida | Filed: Sep 17, 1998 | Docket: 1705066

Cited 3 times | Published

the offenses are degrees of the same crime. See § 775.021(4)(b)(2), Fla. Stat. (1995). Moreover, the intended

Thomas v. State

716 So. 2d 789, 1997 Fla. App. LEXIS 12292, 1997 WL 683294

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 1233553

Cited 3 times | Published

found him to be a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996). The state moves

Mingo v. State

680 So. 2d 1079, 1996 WL 577164

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1201289

Cited 3 times | Published

separately sentencing the defendant for each offense. § 775.021(4), Fla. Stat. (1993); State v. Smith, 547 So

Williams v. State

680 So. 2d 532, 1996 Fla. App. LEXIS 6222, 1996 WL 316538

District Court of Appeal of Florida | Filed: Jun 13, 1996 | Docket: 1664022

Cited 3 times | Published

be construed most favorably to the accused." § 775.021(1), Fla. Stat. (1993). See Flowers v. State, 586

Watson v. State

655 So. 2d 1250, 1995 WL 321880

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 2579388

Cited 3 times | Published

*1251 insurance claim. Accordingly, neither section 775.021(4), Florida Statutes, nor Thompson are applicable

McConn v. State

648 So. 2d 837, 1995 WL 10440

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 1342697

Cited 3 times | Published

299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), and section 775.021, Florida Statutes (1991). In Audano we considered

Jones v. State

588 So. 2d 644, 1991 WL 216015

District Court of Appeal of Florida | Filed: Oct 25, 1991 | Docket: 2190277

Cited 3 times | Published

certain enumerated exceptions. § 775.021(4), Fla. Stat. (1989). Section 775.021(4), Florida Statutes (1989)

State v. Smith

578 So. 2d 826, 1991 WL 63418

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 440319

Cited 3 times | Published

DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] Section 775.021, Florida Statutes (1988) and not Carawan v

State v. Smith

578 So. 2d 826, 1991 WL 63418

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 440319

Cited 3 times | Published

DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] Section 775.021, Florida Statutes (1988) and not Carawan v

Cave v. State

578 So. 2d 766, 1991 WL 46845

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1525247

Cited 3 times | Published

disagree. Cave acknowledges the amendments to section 775.021(4), Florida Statutes, found in Chapter 88-131

Singleton v. State

561 So. 2d 1296, 1990 WL 68708

District Court of Appeal of Florida | Filed: May 25, 1990 | Docket: 1740174

Cited 3 times | Published

The Carawan analysis has been superseded by section 775.021(4), Florida Statute (Supp. 1988) for offenses

Smith v. State

548 So. 2d 755, 1989 WL 99698

District Court of Appeal of Florida | Filed: Aug 31, 1989 | Docket: 1699025

Cited 3 times | Published

multiple convictions in this case violate section 775.021(4), Florida Statutes (1987) and Carawan v.

Lewis v. State

545 So. 2d 427, 1989 WL 64522

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1345614

Cited 3 times | Published

offenses occurred prior to the amendment of section 775.021(4), Florida Statutes, in 1988. On remand, the

Lewis v. State

545 So. 2d 427, 1989 WL 64522

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1345614

Cited 3 times | Published

offenses occurred prior to the amendment of section 775.021(4), Florida Statutes, in 1988. On remand, the

Payne v. State

538 So. 2d 1302, 1989 WL 10932

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 472285

Cited 3 times | Published

advanced by the state that (1) the 1988 amendment to § 775.021, Florida Statutes, overruled Carawan v. State

Ellison v. State

538 So. 2d 90, 1989 WL 8337

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 2564182

Cited 3 times | Published

proof of an element that the other does not. § 775.021(4), Fla. Stat. Aggravated assault with a firearm

Diaz v. State

527 So. 2d 300, 1988 WL 63445

District Court of Appeal of Florida | Filed: Jun 24, 1988 | Docket: 529627

Cited 3 times | Published

next apply the Blockburger test[5] found in section 775.021(4), Florida Statutes (1985),[6] to determine

Sawyer v. State

421 So. 2d 4

District Court of Appeal of Florida | Filed: Sep 21, 1982 | Docket: 1372146

Cited 3 times | Published

him separately on two of the convictions. Section 775.021(4), Florida Statutes (1981) permits separate

Ferguson v. State

420 So. 2d 585

Supreme Court of Florida | Filed: Sep 9, 1982 | Docket: 1306888

Cited 3 times | Published

for these two offenses were authorized by section 775.021(4), Florida Statutes (1977).[*] We further

Hicks v. State

414 So. 2d 1137

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 1043709

Cited 3 times | Published

There is, however, a state statutory bar under Section 775.021(4), Florida Statutes (1977), against sentencing

JUAN MESEN v. STATE OF FLORIDA

271 So. 3d 164

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048694

Cited 2 times | Published

construe it most favorably to the accused. See § 775.021(1), Fla. Stat. (2013).

Adam Lloyd Shepard v. State of Florida

259 So. 3d 701

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119866

Cited 2 times | Published

be construed most favorably to the accused." § 775.021(1), Fla. Stat. (2017) ; see also Paul , 129 So

Robin Eustache v. State of Florida

248 So. 3d 1097

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417582

Cited 2 times | Published

leads to a significantly different result. See § 775.021(1), Fla. Stat. (2017) ; see also Crews v. State

Tambriz-Ramirez v. State

213 So. 3d 920, 2017 WL 815376, 2017 Fla. App. LEXIS 2771

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 60263946

Cited 2 times | Published

of which are subsumed by the greater offense. § 775.021(4), Fla. Stat. (2009) (emphasis supplied). “Where

Edwards v. State

139 So. 3d 981, 2014 WL 2599901, 2014 Fla. App. LEXIS 9013

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241260

Cited 2 times | Published

Blockburger2 same-elements test as codified in section 775.021(4), Florida Statutes, to determine whether

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

must construe it in favor of the defendant. See § 775.021(1). Accordingly, we affirm Montgomery’s judgment

Biller v. State

109 So. 3d 1240, 2013 WL 1234222, 2013 Fla. App. LEXIS 5139

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229478

Cited 2 times | Published

construe the statute most favorable to Appellant. § 775.021(1), Fla. Stat. Accordingly, we reverse Appellant’s

Rochester v. State

95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311213

Cited 2 times | Published

be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (2008).

Rimondi v. State

89 So. 3d 1059, 2012 WL 2010866, 2012 Fla. App. LEXIS 9074

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60308503

Cited 2 times | Published

employ the Blockburger1 test, codified in section 775.021(4), Florida Statutes, to determine whether

Estremera v. State

89 So. 3d 291, 2012 WL 1956422, 2012 Fla. App. LEXIS 8800

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308756

Cited 2 times | Published

of which are subsumed by the greater offense.” § 775.021(4)(b)3., Fla. Stat. (2010). Accordingly, we reverse

R.J.R. v. State

88 So. 3d 264, 2012 Fla. App. LEXIS 5598, 2012 WL 1216266

District Court of Appeal of Florida | Filed: Apr 12, 2012 | Docket: 60308217

Cited 2 times | Published

crimes within a single criminal episode is section 775.021(4), Florida Statutes (2010), which provides

State v. Chubbuck

83 So. 3d 918, 2012 WL 716136, 2012 Fla. App. LEXIS 3735

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2412486

Cited 2 times | Published

construed most favorably to the accused. See § 775.021(1), Fla. Stat. (2008). By requiring the defendant

Lott v. State

74 So. 3d 556, 2011 Fla. App. LEXIS 17874, 2011 WL 5416331

District Court of Appeal of Florida | Filed: Nov 10, 2011 | Docket: 2358364

Cited 2 times | Published

Blockburger `same-elements' test pursuant to section 775.021(4) . . . is the sole method of determining

DeLuise v. State

72 So. 3d 248, 2011 Fla. App. LEXIS 16079, 2011 WL 4808267

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303233

Cited 2 times | Published

304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see § 775.021(4), Fla. Stat. (codifying the Blockburger elements

Davila v. State

75 So. 3d 192, 36 Fla. L. Weekly Supp. 579, 2011 Fla. LEXIS 2353, 2011 WL 4596689

Supreme Court of Florida | Filed: Oct 6, 2011 | Docket: 60303659

Cited 2 times | Published

acts, we are bound by a rule — codified in section 775.021(1), Florida Statutes (2000) — requiring that

Davis v. State

74 So. 3d 1096, 2011 Fla. App. LEXIS 13824, 2011 WL 3849615

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2356288

Cited 2 times | Published

constitutional prohibition against double jeopardy and section 775.021(4), Florida Statutes (2009), a defendant may

AH v. Department of Children and Families

63 So. 3d 874, 2011 Fla. App. LEXIS 8445, 2011 WL 2279021

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2361177

Cited 2 times | Published

individual is designated a sexual predator," and section 775.21(5) requires that the designation be made at

Fike v. State

63 So. 3d 847, 2011 Fla. App. LEXIS 8146, 2011 WL 2161938

District Court of Appeal of Florida | Filed: Jun 3, 2011 | Docket: 60301177

Cited 2 times | Published

similar law of another jurisdiction” under section 775.21(4)(a)l.b., Florida Statutes (2009), such that

Stanley v. State

57 So. 3d 944, 2011 Fla. App. LEXIS 4362, 2011 WL 1135284

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299210

Cited 2 times | Published

employ the Blockburger2 test, as codified in Section 775.021, Florida Statutes (2007). Under this test,

Hankins v. State

42 So. 3d 871, 2010 Fla. App. LEXIS 12169, 2010 WL 3239003

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148130

Cited 2 times | Published

statutes strictly in favor of the defendant, § 775.021, we conclude that the out-of-state offense referred

Lemus v. State

33 So. 3d 774, 2010 Fla. App. LEXIS 5283, 2010 WL 1559096

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1155568

Cited 2 times | Published

So.2d 1226, 1229 (Fla. 5th DCA 2006); see also § 775.021(1), Fla. Stat. Applying these principles to the

Smith v. State

19 So. 3d 417, 2009 Fla. App. LEXIS 13788, 2009 WL 2972478

District Court of Appeal of Florida | Filed: Sep 18, 2009 | Docket: 1651305

Cited 2 times | Published

2009). The Blockburger test is codified in section 775.021(4)(a), Florida Statutes (2005), which states

Alonso v. State

17 So. 3d 806, 2009 Fla. App. LEXIS 11587, 2009 WL 2513839

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1644906

Cited 2 times | Published

(p)(2), such that, under the rules of lenity, see § 775.021(1), Fla. Stat. (2008); Kasischke v. State, 991

KRAMPERT v. State

13 So. 3d 170, 2009 Fla. App. LEXIS 7465, 2009 WL 1636972

District Court of Appeal of Florida | Filed: Jun 12, 2009 | Docket: 1189041

Cited 2 times | Published

where he resided or was otherwise located. See § 775.21(8)(a), Fla. Stat. (2006). A sexual predator's

Robinson v. State

6 So. 3d 677, 2009 Fla. App. LEXIS 1980, 2009 WL 633175

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 1666025

Cited 2 times | Published

same meaning ascribed in section 775.21, Florida Statutes (2006). Section 775.21(2)(f) defines "permanent

M.A.M. v. Vurro

2 So. 3d 388, 2009 WL 32416

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1644176

Cited 2 times | Published

for more than 21 days...." (emphasis added)); § 775.021(1), Fla. Stat. (2008) (holding that penal statutes

Luciano v. State

983 So. 2d 759, 2008 WL 2386435

District Court of Appeal of Florida | Filed: Jun 13, 2008 | Docket: 1756803

Cited 2 times | Published

of the same offense as provided by statute." § 775.021(4)(b)(2), Fla. Stat. (2007) (emphasis supplied)

Richardson v. State

969 So. 2d 535, 2007 WL 4145274

District Court of Appeal of Florida | Filed: Nov 26, 2007 | Docket: 1725918

Cited 2 times | Published

299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). See § 775.021(4), Fla. Stat. (2004); Paul, 934 So.2d at 1172;

Walker v. State

965 So. 2d 189, 2007 WL 2428414

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 239013

Cited 2 times | Published

So.2d 17, 20 (Fla. 2001) (citations omitted); § 775.021(4)(a), Fla. Stat. (2003).[2] For this analysis

Cruz v. State

956 So. 2d 1279, 2007 WL 1610169

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1481164

Cited 2 times | Published

at 945. The Blockburger test is codified in section 775.021(4)(a), Florida Statutes.[2] The statute contains

Gonse v. State

952 So. 2d 555, 2007 WL 188415

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1703492

Cited 2 times | Published

discretion to impose consecutive sentences under section 775.021. The State also claims that because Gonse's

Gonse v. State

952 So. 2d 555, 2007 WL 188415

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1703492

Cited 2 times | Published

discretion to impose consecutive sentences under section 775.021. The State also claims that because Gonse's

Hickey v. State

915 So. 2d 663, 2005 WL 2513016

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 2577672

Cited 2 times | Published

a sexual predator by the trial court under section 775.21, Florida Statutes (2002). We reverse the trial

Garcia v. State

909 So. 2d 971, 2005 WL 2140152

District Court of Appeal of Florida | Filed: Sep 7, 2005 | Docket: 1199458

Cited 2 times | Published

process analysis to the Sexual Predator Act, section 775.21). Affirmed.

Kelso v. State

898 So. 2d 1023, 2005 WL 545130

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1732307

Cited 2 times | Published

We held that the legislature, by enacting section 775.021(4), "intended to authorize multiple convictions

State v. Florida

894 So. 2d 941, 30 Fla. L. Weekly Supp. 105, 2005 Fla. LEXIS 265

Supreme Court of Florida | Filed: Feb 17, 2005 | Docket: 64836241

Cited 2 times | Published

So.2d at 18, 25. Applying the exception in section 775.021(4)(b)(2), Florida Statutes (2004), to the statement

Lovell v. State

882 So. 2d 1107, 2004 WL 2112733

District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 2529337

Cited 2 times | Published

180, 76 L.Ed. 306 (1932), as codified in section 775.021, Florida Statutes (2001). Dual convictions

Moore v. State

880 So. 2d 826, 2004 WL 1836111

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1294810

Cited 2 times | Published

accordance with the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003). He contends that

Rickman v. State

871 So. 2d 310, 2004 WL 912376

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 705205

Cited 2 times | Published

designation as a sexual predator pursuant to section 775.21, Florida Statutes (2002), Florida's Sexual

Wallace v. State

860 So. 2d 494, 2003 WL 22715824

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 454672

Cited 2 times | Published

construction of criminal statutes, providing in section 775.021(1), Florida Statutes (1999), that "[t]he provisions

Lewis v. State

841 So. 2d 582, 2003 WL 1524431

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1656631

Cited 2 times | Published

subsumed within Counts II-IV, we strike it. See § 775.021(4)(b)3., Fla. Stat. (1995). Affirmed as modified

Green v. State

828 So. 2d 462, 2002 WL 31322534

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 183160

Cited 2 times | Published

impression, we are guided in our analysis by section 775.021(4), Florida Statutes (2002), which states:

Garcia v. State

827 So. 2d 1102, 2002 WL 31306664

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 161097

Cited 2 times | Published

designating him as a sexual predator. Under section 775.21(4)(c)(1)(c), Florida Statutes (Supp.1998),

Young v. State

827 So. 2d 1075, 2002 WL 31267527

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1726505

Cited 2 times | Published

employ the Blockburger[3] test, codified in section 775.021, Florida Statutes (2000), to determine whether

Gross v. State

820 So. 2d 1043, 2002 WL 1466603

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1362411

Cited 2 times | Published

disagree. The rule of lenity, codified in section 775.021(1), Florida Statutes (2001), provides that

State v. J.M.

824 So. 2d 105, 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 64817028

Cited 2 times | Published

classify J.M. as a sexual predator, pursuant to section 775.21, Florida Statutes (2000), also known as “The

Jenkins v. State

813 So. 2d 182, 2002 WL 429276

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 2575745

Cited 2 times | Published

included offense of sexual battery. Under section 775.021(4)(b), Florida Statutes (2000), if one offense

Robinson v. State

804 So. 2d 451, 2001 WL 1359204

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1699450

Cited 2 times | Published

is unconstitutional and, therefore, reverse. Section 775.21, Florida Statutes (Supp.1998), also known as

Robinson v. State

804 So. 2d 451, 2001 WL 1359204

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1699450

Cited 2 times | Published

is unconstitutional and, therefore, reverse. Section 775.21, Florida Statutes (Supp.1998), also known as

Walters v. State

790 So. 2d 483, 2001 WL 627433

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 2347830

Cited 2 times | Published

any ambiguity to the benefit of the defendant. § 775.021, Fla. Stat. (2000). Accordingly, we vacate the

Maitre v. State

770 So. 2d 309, 2000 WL 1672027

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 1779209

Cited 2 times | Published

offense occurred within the window period. See § 775.021(1), Fla. Stat. (1997); Griffith v. State, 654

Victor v. State

774 So. 2d 722, 2000 WL 1154006

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1330556

Cited 2 times | Published

sentenced separately for each criminal offense...." § 775.021(4)(a), Fla. Stat. (1997). "The intent of the Legislature

Anderson v. State

774 So. 2d 719, 2000 WL 627657

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 2534003

Cited 2 times | Published

Florida Sexual Predator Act, as codified at section 775.21(4), Florida Statutes (1997), does not apply

Kobel v. State

745 So. 2d 979, 1999 WL 641837

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1294683

Cited 2 times | Published

is contrary to the rule of construction of section 775.021(1), Florida Statutes (1993), which requires

Lowe v. State

742 So. 2d 350, 1999 WL 606475

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 1302924

Cited 2 times | Published

[3] § 810.02(3), Fla. Stat. (1997). [4] See § 775.021, Fla. Stat.; Parole Com'n v. Cooper, 701 So.2d

State v. Dial

730 So. 2d 813, 1999 WL 212801

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1755381

Cited 2 times | Published

to the accused," citing our lenity statute, section 775.021(1), Florida Statutes, Perkins v. State, 576

Pisarri v. State

724 So. 2d 635, 1998 WL 909803

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 306674

Cited 2 times | Published

775.22, Florida Statutes (1993). Pursuant to section 775.21(4)(a), Florida Statutes (Supp.1996), Florida

Johnson v. State

716 So. 2d 332, 1998 WL 518503

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 424734

Cited 2 times | Published

classifying him as a sexual predator pursuant to section 775.21-23, Florida Statutes (1993), the Sexual Predators

Walk v. State

707 So. 2d 933, 1998 WL 106979

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1259803

Cited 2 times | Published

Walk declared a sexual predator pursuant to section 775.21(4), Florida Statutes. The trial court granted

State v. Houghtailing

704 So. 2d 163, 1997 Fla. App. LEXIS 13962, 1997 WL 761982

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64778260

Cited 2 times | Published

contraband.4 However, after the amendment to section 775.021(4), Fla. Stat. (1987), the Court held that

State v. Carrasco

701 So. 2d 656, 1997 WL 715687

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 2581345

Cited 2 times | Published

section 775.225, Florida Statutes (1995), and section 775.21(4)(b)(2), Florida Statutes (Supp.1996). The

Billups v. State

690 So. 2d 1381, 1997 WL 162740

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 436873

Cited 2 times | Published

victim by cashing a forged check.... *1382 Section 775.021(4)(b) bars dual convictions under these statutes

M.P. v. State

682 So. 2d 79, 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 64768647

Cited 2 times | Published

Blockburger test has been codified in Florida at section 775.021(4), Florida Statutes (1995).6 *82In the instant

State v. Dugan

665 So. 2d 1064, 1995 WL 608509

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1352002

Cited 2 times | Published

Under those circumstances our lenity statute, section 775.021(1), Florida Statues (1993), would require the

King v. State

637 So. 2d 956, 1994 WL 236170

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 1521525

Cited 2 times | Published

determinations. The Blockburger test, as codified in section 775.021(4), Florida Statutes (1991), provides that

King v. State

637 So. 2d 956, 1994 WL 236170

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 1521525

Cited 2 times | Published

determinations. The Blockburger test, as codified in section 775.021(4), Florida Statutes (1991), provides that

Simon v. State

615 So. 2d 236, 1993 WL 62237

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 1184750

Cited 2 times | Published

of imprisonment to run consecutively. Under Section 775.021(4)(a), Florida Statutes (1989), a defendant

Keene v. State

600 So. 2d 513, 1992 WL 126649

District Court of Appeal of Florida | Filed: Jun 10, 1992 | Docket: 1527811

Cited 2 times | Published

lesser-included offense of sale under amended section 775.021(4)(b), Florida Statutes (Supp. 1988), in that

Drain v. State

601 So. 2d 256, 1992 WL 111579

District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 1305529

Cited 2 times | Published

a judicial interpretation of the statute, see § 775.021(1), Fla. Stat. [3] See Florida Rule of Criminal

Garcia v. State

594 So. 2d 806, 1992 WL 21077

District Court of Appeal of Florida | Filed: Feb 7, 1992 | Docket: 1741995

Cited 2 times | Published

offenses having identical elements found in section 775.021, Florida Statutes (1989), and in violation

State v. Robinson

581 So. 2d 157, 1991 WL 101178

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1238867

Cited 2 times | Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp. 1988), is it improper

State v. Robinson

581 So. 2d 158, 1991 WL 101179

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 2542131

Cited 2 times | Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp. 1988), is it improper

State v. Dukes

579 So. 2d 736, 1991 WL 77652

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 2588449

Cited 2 times | Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp. 1988), is it improper

Short v. State

572 So. 2d 1007, 1991 WL 117

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 2557550

Cited 2 times | Published

criminal episode). The state's reliance on section 775.021(4)(a), Florida Statutes (Supp. 1988), which

State v. McCloud

559 So. 2d 1305, 1990 WL 52762

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 1751586

Cited 2 times | Published

one of the three enumerated categories of section 775.021(4)(b). In Gordon, we discussed the elements

State v. McCloud

559 So. 2d 1305, 1990 WL 52762

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 1751586

Cited 2 times | Published

one of the three enumerated categories of section 775.021(4)(b). In Gordon, we discussed the elements

Williams v. State

560 So. 2d 311, 1990 WL 48652

District Court of Appeal of Florida | Filed: Apr 19, 1990 | Docket: 1477215

Cited 2 times | Published

altered by the legislature's amendment to section 775.021, Florida Statutes (1987), which permits conviction

Porterfield v. State

553 So. 2d 186, 1989 WL 109514

District Court of Appeal of Florida | Filed: Dec 4, 1989 | Docket: 2577394

Cited 2 times | Published

the following question: Under the provisions of § 775.021(4)(b), Fla. Stat., may a person be convicted and

Porterfield v. State

553 So. 2d 186, 1989 WL 109514

District Court of Appeal of Florida | Filed: Dec 4, 1989 | Docket: 2577394

Cited 2 times | Published

the following question: Under the provisions of § 775.021(4)(b), Fla. Stat., may a person be convicted and

Psihogios v. State

544 So. 2d 283, 14 Fla. L. Weekly 1279, 1989 Fla. App. LEXIS 2932, 1989 WL 53357

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 64642880

Cited 2 times | Published

v. State. Were it not for the amendment to section 775.021(4) subsequent to Carawan, we might well have

Watford v. State

525 So. 2d 484, 1988 WL 50142

District Court of Appeal of Florida | Filed: May 20, 1988 | Docket: 3543

Cited 2 times | Published

arising out of a criminal transaction under section 775.021(4), Florida Statutes (1985).[1] We affirm.

McKenzie v. State

272 So. 3d 808

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64715391

Cited 1 times | Published

designating him as a sexual predator under section 775.21, Florida Statutes (2018). The order was entered

David Lee Huckaba v. State of Florida

260 So. 3d 377

District Court of Appeal of Florida | Filed: Nov 20, 2018 | Docket: 8213954

Cited 1 times | Published

of development, who is carried in the womb.” § 775.021(5)(e), Fla. Stat. (2014). By contrast, the

Diego Tambriz-Ramirez v. State of Florida

248 So. 3d 1087

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417585

Cited 1 times | Published

accusatory pleading or the proof adduced at trial ." § 775.021(4)(a) Fla. Stat. (2009) (emphasis [added] ). These

JORDAN PALMER v. STATE OF FLORIDA

254 So. 3d 426

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144565

Cited 1 times | Published

So. 3d 1183, 1183 (Fla. 4th DCA 2012) (quoting § 775.021(4)(b)(1), Fla. Stat. (2016)). “For double jeopardy

JAMES RAY PARISH v. STATE OF FLORIDA

249 So. 3d 734

District Court of Appeal of Florida | Filed: Jun 8, 2018 | Docket: 7096627

Cited 1 times | Published

364 So. 2d 497, 500 (Fla. 2d DCA 1978) (citing § 775.021(4), Fla. Stat. (1977)) (discussing category four

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

Weeks, 202 So. 3d 1, 10 (Fla. 2016) (citing section 775.021(1), Florida Statutes). Interpreting “driving

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

Weeks, 202 So. 3d 1, 10 (Fla. 2016) (citing section 775.021(1), Florida Statutes). Interpreting “driving

RICHARD ALBERT ROBERTS v. STATE OF FLORIDA

239 So. 3d 1289

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354220

Cited 1 times | Published

offense committed on or after October 1, 1993. See § 775.21(4)(a), Fla. Stat. (2015). Here, the felony information

McCullough v. State

230 So. 3d 586

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219430

Cited 1 times | Published

violate the Blockburger test as codified in section 775.021(4), Florida Statutes (2015). I write to discuss

MATTHEW JOSEPH DETTLE v. State of Florida

226 So. 3d 285, 2017 WL 2324673

District Court of Appeal of Florida | Filed: May 25, 2017 | Docket: 6067425

Cited 1 times | Published

offense” or separate offenses is codified in section 775.021(4), Florida Statutes, which provides in part:

Gary G. Debaun v. State of Florida

213 So. 3d 747, 42 Fla. L. Weekly Supp. 322, 2017 Fla. LEXIS 583

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618310

Cited 1 times | Published

the suggestion that the rule of lenity in section 775.021(1), Florida Statutes, requires that we adopt

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

controlled substance under Florida law. § 775.021(5), Fla. Stat. An “unborn child” means

Jacob Thomas Gaulden v. State of Florida

195 So. 3d 1123, 41 Fla. L. Weekly Supp. 327, 2016 Fla. LEXIS 1421, 2016 WL 4082429

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108656

Cited 1 times | Published

statute, the language must be strictly construed. § 775.021(1), Fla. Stat. (2010) (“The provisions of this

Batchelor v. State

193 So. 3d 1054, 2016 WL 3265542, 2016 Fla. App. LEXIS 9208

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078609

Cited 1 times | Published

survive a same elements test as defined by section 775.021, Florida Statutes (2008), commonly referred

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

190 So. 3d 1055, 2016 WL 1460708

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710

Cited 1 times | Published

controlled substance under Florida law. §. 775.021(5), Fla. Stat. An “unborn quick child” is-

James Houston Roughton v. State of Florida

185 So. 3d 1207, 41 Fla. L. Weekly Supp. 70, 2016 Fla. LEXIS 392, 2016 WL 743245

Supreme Court of Florida | Filed: Feb 25, 2016 | Docket: 3039159

Cited 1 times | Published

analysis turns on the rule of construction in section 775.021(4), Florida Statutes (2008); regarding “separate

State of Florida v. Timothy W. Tuttle, Jr.

177 So. 3d 1246, 40 Fla. L. Weekly Supp. 631, 2015 Fla. LEXIS 2537, 2015 WL 7008527

Supreme Court of Florida | Filed: Nov 12, 2015 | Docket: 3012077

Cited 1 times | Published

court also held that pursuant to Pizzo and section 775.021(4)(b)3., Florida Statutes (2010), which governs

J.J. v. State

181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 60252587

Cited 1 times | Published

Chubbuck, 141 So.3d 1163, 1170 (Fla.2014); see also § 775.021(1), Fla. Stat. (2013) (“The provisions of th[e]

Jackson v. State

175 So. 3d 368, 2015 Fla. App. LEXIS 13764, 2015 WL 5438776

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808040

Cited 1 times | Published

court below from “stacking” them. See § 775.021(4), Fla. Stat. (1983) (“Whoever, in the course

Wilfred A. Brown v. State of Florida

189 So. 3d 837, 2015 Fla. App. LEXIS 11410, 2015 WL 4549461

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679154

Cited 1 times | Published

State, 3 So.3d 1067, 1069 (Fla.2009)). Section 775.021(4), Florida Statutes (2007), which codifies

Mizner v. State

154 So. 3d 391, 2014 Fla. App. LEXIS 19711, 2014 WL 6778278

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610873

Cited 1 times | Published

Blockburger 4 analysis, as codified in section 775.021(4)(b), Florida Statutes (2011), 5

James Tindal v. State

145 So. 3d 915, 2014 WL 4083452, 2014 Fla. App. LEXIS 12808

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119881

Cited 1 times | Published

Block-burger test, as codified in section 775.021, Florida Statutes (1997), to determine whether

Harvey M. Hill v. State

143 So. 3d 981, 2014 WL 3434445, 2014 Fla. App. LEXIS 10884

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 2206

Cited 1 times | Published

3d at 223 (Northcutt, J., concurring) (citing § 775.021(1), Fla. Stat. (2009)). We note that section

Hampton v. State

135 So. 3d 440, 2014 WL 982667, 2014 Fla. App. LEXIS 3596

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60239638

Cited 1 times | Published

123 So.3d 114 (Fla. 5th DCA 2013); see also § 775.021(1), Fla. Stat. (2013) (“The provisions of this

Neal v. State

109 So. 3d 1245, 2013 WL 1316692, 2013 Fla. App. LEXIS 5448

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229481

Cited 1 times | Published

interpret the statute most favorably to the accused. § 775.021(1), Fla. Stat. (2009); State v. Chubbuck, 88 So

Harris v. State

111 So. 3d 922, 2013 WL 1235888, 2013 Fla. App. LEXIS 5078

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60230914

Cited 1 times | Published

criminal act[.]” Hayes, 803 So.2d at 699. Section 775.021, Florida Statutes (2010), generally expresses

Maxwell v. State

110 So. 3d 958, 2013 WL 1136416, 2013 Fla. App. LEXIS 4418

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230529

Cited 1 times | Published

to adopt pursuant to the “Rule of Lenity.” See § 775.021(1), Fla. Stat. (2008) (criminal statutes “shall

Tyler v. State

107 So. 3d 547, 2013 WL 673647, 2013 Fla. App. LEXIS 2994

District Court of Appeal of Florida | Filed: Feb 26, 2013 | Docket: 60228749

Cited 1 times | Published

52 S.Ct. 180, 76 L.Ed. 306 (1932). See also § 775.021, Fla. Stat. (2010) (codifying the Blockburger

Bell v. State

114 So. 3d 229, 2013 WL 40975, 2013 Fla. App. LEXIS 189

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60231812

Cited 1 times | Published

convictions and punishments for the two offenses. § 775.021(4), Fla. Stat. (1979). The trial court therefore

Webb v. State

104 So. 3d 1153, 2012 Fla. App. LEXIS 20449, 2012 WL 5933010

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227349

Cited 1 times | Published

application of the Blockburger1 test, codified in section 775.021, Florida Statutes (2010), to determine if separate

Ortiz-Medina v. State

126 So. 3d 1183, 2012 WL 4448791, 2012 Fla. App. LEXIS 16162, 37 Fla. L. Weekly Fed. D 2273

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60236219

Cited 1 times | Published

“[ojffenses which require identical elements of proof.” § 775.021(4)(b)l., Fla. Stat. In James v. State, 386 So

Drawdy v. State

98 So. 3d 165, 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312196

Cited 1 times | Published

(1997). .This principle is also reflected in section 775.021(4)(b), Florida Statutes (2006), which lists

Drawdy v. State

98 So. 3d 165, 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312196

Cited 1 times | Published

(1997). .This principle is also reflected in section 775.021(4)(b), Florida Statutes (2006), which lists

Lowery v. State

98 So. 3d 163, 2012 Fla. App. LEXIS 14616, 2012 WL 3764501

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60312195

Cited 1 times | Published

effective date of the Sexual Predator Act. See § 775.21(4)(a), Fla. Stat. (1994) (stating that sexual

Lowery v. State

98 So. 3d 163, 2012 Fla. App. LEXIS 14616, 2012 WL 3764501

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60312195

Cited 1 times | Published

effective date of the Sexual Predator Act. See § 775.21(4)(a), Fla. Stat. (1994) (stating that sexual

State v. Owens

95 So. 3d 1018, 2012 WL 3627429, 2012 Fla. App. LEXIS 14161

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311051

Cited 1 times | Published

construed most favorably to the accused. See § 775.021(1), Fla. Stat. (2008). By requiring the defendant

Olivera v. State

92 So. 3d 924, 2012 WL 3022047, 2012 Fla. App. LEXIS 12093

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60310393

Cited 1 times | Published

employ the Blockburger [1] test, as codified in section 775.021, Florida Statutes (1997), to determine whether

Boltuch v. State

95 So. 3d 338, 2012 WL 3023179, 2012 Fla. App. LEXIS 12096

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311188

Cited 1 times | Published

episode. The consecutive sentences are legal. § 775.021(4)(a), Fla. Stat. (1997). (“Whoever, in the course

Roughton v. State

92 So. 3d 284, 2012 WL 2864380, 2012 Fla. App. LEXIS 11396

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310192

Cited 1 times | Published

element that the other does not,” codified at section 775.021(4)(a), Florida Statutes (2008).4 If each of

Sadler v. State

112 So. 3d 498, 2012 WL 1592172, 2012 Fla. App. LEXIS 7186

District Court of Appeal of Florida | Filed: May 8, 2012 | Docket: 60231126

Cited 1 times | Published

State, 990 So.2d 494 (Fla.2008). According to section 775.21(4)(c)(l), Florida Statutes (1999), a person

State v. Gaulden

134 So. 3d 981, 2012 Fla. App. LEXIS 5599, 2012 WL 1216263

District Court of Appeal of Florida | Filed: Apr 12, 2012 | Docket: 60239379

Cited 1 times | Published

991 So.2d 803, 814 (Fla. *9852008) (citing section 775.021(1), Florida Statutes, which provides that criminal

Green v. State

84 So. 3d 356, 2012 WL 603559, 2012 Fla. App. LEXIS 2940

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 60306697

Cited 1 times | Published

“separate criminal offenses” for purposes of section 775.021(4)(a), Florida Statutes because count I did

Blackwell v. State

65 So. 3d 1211, 2011 Fla. App. LEXIS 12140, 2011 WL 3303478

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60301661

Cited 1 times | Published

was not a minor at the time of the crime and section 775.21(4)(c)(l)(B), Florida Statutes (1999), provided

State v. Hunter

65 So. 3d 1123, 2011 Fla. App. LEXIS 10551, 2011 WL 2622377

District Court of Appeal of Florida | Filed: Jul 6, 2011 | Docket: 60301627

Cited 1 times | Published

construed most favorably to the accused. See § 775.021(1), Fla. Stat. (2008). By requiring the defendant

Juarez v. State

65 So. 3d 110, 2011 Fla. App. LEXIS 10179, 2011 WL 2555402

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2364047

Cited 1 times | Published

775.087(1), 787.02(2), Fla. Stat. (2008). [4] § 775.021(1), Fla. Stat. (2009) ("The provisions of this

Abbate v. State

82 So. 3d 886, 2011 Fla. App. LEXIS 9617, 2011 WL 2462662

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60306284

Cited 1 times | Published

jeopardy violation is apparent from the record. Section 775.021(4), Florida Statutes (2006) provides: (b) The

Abbate v. State

82 So. 3d 886, 2011 Fla. App. LEXIS 9617, 2011 WL 2462662

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60306284

Cited 1 times | Published

jeopardy violation is apparent from the record. Section 775.021(4), Florida Statutes (2006) provides: (b) The

Bostic v. State

60 So. 3d 535, 2011 Fla. App. LEXIS 6319, 2011 WL 1634236

District Court of Appeal of Florida | Filed: May 2, 2011 | Docket: 60300266

Cited 1 times | Published

part of “one criminal episode or transaction.” § 775.021(4)(b), Fla. Stat. (2006); compare People v. Meeks

R.H. v. State

56 So. 3d 156, 2011 Fla. App. LEXIS 3908, 2011 WL 1004582

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60298546

Cited 1 times | Published

remanded. MAY and DAMOORGIAN, JJ., concur. . Section 775.021(1), Florida Statutes, codifying the rule of

Reeves v. State

57 So. 3d 874, 2011 Fla. App. LEXIS 2294, 2011 WL 665327

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 2542682

Cited 1 times | Published

each destructive device. After considering section 775.021, Florida Statutes (2007), our decision in Stearns

Stelmack v. State

58 So. 3d 874, 2010 Fla. App. LEXIS 18351, 2010 WL 4907468

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60299534

Cited 1 times | Published

lenity to construe it in Stelmack’s favor. See § 775.021(1), Fla. Stat. (2007); Clement, 895 So.2d at 448

Stelmack v. State

58 So. 3d 874, 2010 Fla. App. LEXIS 18351, 2010 WL 4907468

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60299534

Cited 1 times | Published

lenity to construe it in Stelmack’s favor. See § 775.021(1), Fla. Stat. (2007); Clement, 895 So.2d at 448

Bishop v. State

42 So. 3d 846, 2010 Fla. App. LEXIS 11439, 2010 WL 3056597

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 1647465

Cited 1 times | Published

designate Bishop as a sexual predator pursuant to section 775.21(4)(a)2., Florida Statutes (2008). In its motion

METAXOTOS v. State

37 So. 3d 991, 2010 Fla. App. LEXIS 9873, 2010 WL 2679976

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 365526

Cited 1 times | Published

the requisite prior convictions as required by § 775.21, Fla. Stat. (1998), and the designation was not

Montgomery v. State

36 So. 3d 188, 2010 Fla. App. LEXIS 8247, 2010 WL 2330419

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 2551607

Cited 1 times | Published

must construe it in favor of the defendant. See § 775.021(1). Accordingly, we affirm Montgomery's judgment

Perry v. State

35 So. 3d 978, 2010 WL 1875567

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 2564488

Cited 1 times | Published

SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 775.021(4)(a), Fla. Stat. (2005).

Glover v. State

29 So. 3d 325, 2010 Fla. App. LEXIS 124, 2010 WL 90047

District Court of Appeal of Florida | Filed: Jan 12, 2010 | Docket: 261913

Cited 1 times | Published

trial court to reinstate that conviction. Section 775.021, Florida Statutes (2007), sets out the rules

Glover v. State

29 So. 3d 325, 2010 Fla. App. LEXIS 124, 2010 WL 90047

District Court of Appeal of Florida | Filed: Jan 12, 2010 | Docket: 261913

Cited 1 times | Published

trial court to reinstate that conviction. Section 775.021, Florida Statutes (2007), sets out the rules

Dennis v. State

32 So. 3d 79, 2009 Fla. App. LEXIS 10481, 2009 WL 2341630

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1662767

Cited 1 times | Published

1, 1993, and February 28, 1994, inclusive. Section 775.21, Florida Statutes (2008), otherwise known as

Shores v. State

15 So. 3d 697, 2009 Fla. App. LEXIS 8506, 2009 WL 1856045

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1190874

Cited 1 times | Published

resulting from the conviction of certain crimes. § 775.21(3)(d), Fla. Stat. (2007). The state's brief seems

Shores v. State

15 So. 3d 697, 2009 Fla. App. LEXIS 8506, 2009 WL 1856045

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1190874

Cited 1 times | Published

resulting from the conviction of certain crimes. § 775.21(3)(d), Fla. Stat. (2007). The state's brief seems

Elliott v. State

9 So. 3d 660, 2009 Fla. App. LEXIS 2844, 2009 WL 873546

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1231581

Cited 1 times | Published

concurrently or consecutively as it sees fit. § 775.021(4)(a). Relevant to the case at bar, a defendant

Laurore v. State

3 So. 3d 1286, 2009 Fla. App. LEXIS 1784, 2009 WL 605316

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1169527

Cited 1 times | Published

during which time she lived under an alias. Section 775.021(4), Florida Statutes (1995), codifies the rules

Helms v. State

993 So. 2d 1135, 2008 WL 4753753

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 1002422

Cited 1 times | Published

also declared a sexual predator pursuant to section 775.21, Florida Statutes (2002). This Court per curiam

Sutton v. State

985 So. 2d 1234, 2008 WL 2774464

District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 2555903

Cited 1 times | Published

declaring him to be a sexual predator pursuant to section 775.21, Florida Statutes (2007), the Florida Sexual

Baez v. State

985 So. 2d 1223, 2008 WL 2744337

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1170816

Cited 1 times | Published

Defendant a Sexual Predator Offender pursuant to section 775.21, Florida Statutes (2007). Because we find that

Griffin v. State

969 So. 2d 1161, 2007 Fla. App. LEXIS 18692, 2007 WL 4163858

District Court of Appeal of Florida | Filed: Nov 27, 2007 | Docket: 64853333

Cited 1 times | Published

be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (2005). The statutory rule of lenity

Cheshire v. State

969 So. 2d 458, 2007 WL 3375001

District Court of Appeal of Florida | Filed: Nov 15, 2007 | Docket: 1725923

Cited 1 times | Published

sexual predator designation was mandatory under section 775.21(4)(c), Florida Statutes (1998), and (2) no

Kelly v. State

964 So. 2d 135, 2007 WL 1836835

Supreme Court of Florida | Filed: Jun 28, 2007 | Docket: 1261328

Cited 1 times | Published

Florida Statutes (1981); another statute, section 775.021(4), Florida Statutes (1981), provided that

Sibley v. State

955 So. 2d 1222, 2007 WL 1372676

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1186945

Cited 1 times | Published

because each crime contains different elements. Section 775.021(4), Florida Statutes (2003), provides that

Vazquez v. State

948 So. 2d 930

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1773657

Cited 1 times | Published

(1932)). The Blockburger test is set forth at section 775.021(4)(a), Florida Statutes (2002), which provides

Ss v. Dl

944 So. 2d 553, 2007 WL 10029

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 286610

Cited 1 times | Published

court to be a sexual predator as defined in section 775.21, Florida Statutes. See W.W., 811 So.2d at 792

S.S. v. D.L.

944 So. 2d 553, 2007 Fla. App. LEXIS 40

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848271

Cited 1 times | Published

court to be a sexual predator as defined in section 775.21, Florida Statutes. See W.W., 811 So.2d at 792

Ealum v. State

943 So. 2d 994, 2006 WL 3589002

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1526780

Cited 1 times | Published

designating appellant a sexual predator, pursuant to section 775.21(4), Florida Statutes (2004). However, the state's

Cruz v. State

941 So. 2d 1245, 2006 WL 3327646

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 431656

Cited 1 times | Published

permitted under these two counts pursuant to section 775.021(4)(a), i.e., the "same elements" test, each

Shepherd v. State

932 So. 2d 335, 2006 WL 305453

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1285621

Cited 1 times | Published

count one. The postconviction court relied on section 775.021(4)(a), Florida Statutes, to conclude that it

Sheppard v. State

907 So. 2d 1259, 2005 Fla. App. LEXIS 12044, 2005 WL 1812878

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64839764

Cited 1 times | Published

sexual predator under section 775.21(4)(a)(l)(a), Florida Statutes (2002). See § 775.21(4)(a)(l)(a), Fla.

Gorday v. State

907 So. 2d 640, 2005 WL 1761995

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 459474

Cited 1 times | Published

construction test, which has been codified in Section 775.021(4), Florida Statutes (2002).[2]M.P. v. State

Goree v. State

911 So. 2d 129, 2005 WL 1026733

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1751864

Cited 1 times | Published

contrary, consecutive sentencing is permissible. See § 775.021(4), Fla. Stat. (1979). The sentences are legal

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

that forbids it; rule of lenity codified at section 775.021(1), Florida Statutes (1991), requires judges

Hines v. State

881 So. 2d 52, 2004 WL 1837348

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1465525

Cited 1 times | Published

residence" have the same meaning ascribed in section 775.21. Accordingly, permanent residence means a place

State v. Bouchillon

882 So. 2d 412, 2004 WL 1779021

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1686290

Cited 1 times | Published

court found that the Sexual Predators Act, section 775.21, Florida Statues, did not apply to Bouchillon

Johnson v. State

875 So. 2d 1281, 2004 WL 1485952

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 174782

Cited 1 times | Published

contending that the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003), is unconstitutional

Smith v. State

871 So. 2d 296, 2004 WL 730839

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 1300570

Cited 1 times | Published

203 (Fla. 1st DCA March 11, 2004), and under section 775.21, Florida's sexual predator law. See Frazier

State v. Mark Marks, P.A.

833 So. 2d 249, 2002 Fla. App. LEXIS 19137

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64819600

Cited 1 times | Published

be construed “most favorably to the accused.” § 775.021, Fla. Stat. (1989). The term “any,” when used

Clark v. State

823 So. 2d 809, 2002 WL 1401926

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 458643

Cited 1 times | Published

should apply the rule of lenity set out in section 775.021, Florida Statutes (1988) and construe the provision

Webb v. State

816 So. 2d 1190, 2002 WL 1021559

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1753560

Cited 1 times | Published

conduct has triggered those revocations. *1193 Section 775.021(4)(b), Florida Statutes (2000), states that

Sanders v. State

795 So. 2d 223, 2001 WL 1130982

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1252228

Cited 1 times | Published

and Canion involved only one illegal act. Section 775.021(4), Florida Statutes, permits conviction and

Roedel v. State

773 So. 2d 1280, 2000 Fla. App. LEXIS 16930, 2000 WL 1878947

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802613

Cited 1 times | Published

jeopardy rights were violated.3 We agree that section 775.021(4)(b), Florida Statutes, bars these dual convictions

GS v. State

761 So. 2d 1229, 2000 WL 873206

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 1299962

Cited 1 times | Published

Penal statutes are to be strictly construed. See § 775.021, Fla. Stat. (1998); McLaughlin v. State, 721 So

Blevins v. State

756 So. 2d 1052, 2000 WL 368906

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1516764

Cited 1 times | Published

theft and aggravated battery convictions. Section 775.021, Florida Statutes, provides, in pertinent part:

Busby v. State

766 So. 2d 259, 25 Fla. L. Weekly Fed. D 415

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1329400

Cited 1 times | Published

(Fla.1985) (Shaw, J., concurring specially). Section 775.021(4)(a), Florida Statutes (1999), expresses the

Janos v. State

763 So. 2d 1094, 1999 WL 1191480

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1278166

Cited 1 times | Published

additional punishment and successive prosecution. Section 775.021(4), Florida Statutes (1988) codifies the Blockburger

State v. Blunt

744 So. 2d 1258, 1999 Fla. App. LEXIS 15623, 1999 WL 1062457

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64792263

Cited 1 times | Published

be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (1997).2 Affirmed. . An "antishoplifting

Newman v. State

738 So. 2d 981, 24 Fla. L. Weekly Fed. D 1619

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1503206

Cited 1 times | Published

must be resolved in favor of the defendant. See § 775.021, Fla. Stat. (1997); Cabal, 678 So.2d at 318; Schloesser

Sweeney v. State

722 So. 2d 928, 1998 WL 874918

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 1669155

Cited 1 times | Published

court resorted to Florida's lenity statute, section 775.021(1), Florida Statutes (Supp.1988), and held

Johnson v. State

701 So. 2d 367, 1997 WL 677988

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1736749

Cited 1 times | Published

must be construed favorably to the accused. See § 775.021(1), Fla.Stat. (1995). Additionally, any ambiguity

State v. Hines

695 So. 2d 747, 22 Fla. L. Weekly Fed. D 670

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 424913

Cited 1 times | Published

Blockburger test has been codified in Florida at section 775.021(4), Florida Statutes (1995)."). The State correctly

Guinto v. State

693 So. 2d 46, 1997 WL 90824

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1524411

Cited 1 times | Published

634 So.2d 153 (Fla.1994). Sirmons construed section 775.021(4), Florida Statutes (1989), as prohibiting

Johnson v. State

689 So. 2d 1124, 1997 WL 66222

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 1739319

Cited 1 times | Published

permissive lesser included offense of trafficking. See § 775.021(4)(b)(3). As to defendant's third point on appeal

Seabridge v. Superior Kitchens

672 So. 2d 848, 1996 WL 106377

District Court of Appeal of Florida | Filed: May 13, 1996 | Docket: 2527868

Cited 1 times | Published

we were to apply the Blockburger test, see section 775.021(4), to a person who had been charged with a

Reeves v. State

659 So. 2d 1259, 1995 WL 509264

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1748102

Cited 1 times | Published

statute to which the court is referring is section 775.021(4), which provides in pertinent part: (b)

Jackson v. State

650 So. 2d 1026, 1995 Fla. App. LEXIS 578, 1995 WL 33517

District Court of Appeal of Florida | Filed: Jan 31, 1995 | Docket: 64754430

Cited 1 times | Published

MINER and WOLF, JJ., concur. . Moreover, section 775.021(4), Florida Statutes (1977), enacted in 1976

Dudley v. State

634 So. 2d 1093, 1994 Fla. App. LEXIS 1661, 1994 WL 63494

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 64747590

Cited 1 times | Published

of the crime. Smith v. State. Pursuant to section 775.021(4)(a), “offenses are separate if each offense

Sirmons v. State

603 So. 2d 82, 1992 WL 178949

District Court of Appeal of Florida | Filed: Jul 31, 1992 | Docket: 42732

Cited 1 times | Published

the "clear legislative intent" expressed in section 775.021(4), that there be convictions and sentences

State v. White

577 So. 2d 943, 1991 WL 36683

Supreme Court of Florida | Filed: Mar 21, 1991 | Docket: 2579921

Cited 1 times | Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (1988 SUPP.), IS IT IMPROPER

Torrence v. State

574 So. 2d 1188, 1991 Fla. App. LEXIS 973, 1991 WL 15571

District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 64656501

Cited 1 times | Published

charge. Although Carawan has been superseded by Section 775.021(4), Florida Statutes (1989), the offenses in

Crisel v. State

561 So. 2d 453, 1990 WL 66198

District Court of Appeal of Florida | Filed: May 18, 1990 | Docket: 1480934

Cited 1 times | Published

subsumed into a charge of sale based upon section 775.021(4)(b)(3), Florida Statutes (Supp. 1988). I

Garcia v. State

552 So. 2d 1177, 14 Fla. L. Weekly 2717, 1989 Fla. App. LEXIS 6671, 1989 WL 141721

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 64646615

Cited 1 times | Published

prior to the July 1, 1988, effective date of section 775.021(4), Florida Statutes (Supp.1988). That section

Jones v. State

546 So. 2d 126, 1989 WL 78301

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 380890

Cited 1 times | Published

88-131 § 7, Laws of Fla, the amendment to section 775.021(4), Florida Statutes (1987) which became effective

Lawrence Alan Neu v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276458

Published

of which are subsumed by the greater offense. § 775.021(4), Fla. Stat. (2025). In Trappman, the Florida

State of Florida v. Nyya Jahnai Herard

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117372

Published

So. 2d 1107, 1111 (Fla. 2007) (quoting § 775.021(1), Fla. Stat. (2002)). This extremely important

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 69533864

Published

offenses, violence, or crimes against minors. Id. § 775.21(3)(a). They are subject to enhanced registration

Joseph v. State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632243

Published

the other does not," codified at section 775.021(4)(a), Florida

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533864

Published

violence in such offenses, or who preyed on children. § 775.21(3)(a), Fla. Stat. (2024). In 2001, at the

Glaubius v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514564

Published

[Glaubius]'s plea was not involuntary." Section 775.021(4)(a), Florida Statutes (2021), which codifies

Hatcher v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514563

Published

under a Blockburger2 analysis, as codified in section 775.021(4), Florida Statutes (2020). See Batchelor

Debose v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455315

Published

to support designation as a sexual predator. Section 775.21(4)(a) requires an offender to be designated

Gould v. State of Florida

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419338

Published

are subsumed by the greater offense. § 775.021(4)(b), Fla. Stat.; see also Trappman v. State

State of Florida v. Neri Banda

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378866

Published

course of one criminal transaction or episode.” § 775.021(4)(a), Fla. Stat. (2022). Second, the “distinct

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

“Blockburger and its statutory equivalent in section 775.021(4), Fla. Stat. (1983)[5], are only tools of

Cassanova Gabriel v. State of Florida

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266246

Published

supreme court explained in Conage, “[t]hrough section 775.021(1), Florida Statutes, the Legislature has elevated

Shane Matthew Morrow v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151094

Published

Blockburger same-elements test codified in section 775.021(4), Florida Statutes. Therefore, double jeopardy

Harvill v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062888

Published

“same elements” test, which is codified in section 775.021(4)(a), Florida Statutes, and provides that

Nisbany Surit-Garcias v. State of Florida

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68928938

Published

victim injury. Our approach is consistent with section 775.021(1), Florida Statutes (2020), which provides:

Jerry Richardson v. State of Florida

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867369

Published

of which are subsumed by the greater offense. § 775.021(4)(b), Fla. Stat. See Trappman, 49 Fla. L. Weekly

ISLAAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68855842

Published

resolve any ambiguities in favor of Mr. Islaam. See § 775.021(1), Fla. Stat. (2023) ("The provisions of

State of Florida v. Johanna Courts

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490533

Published

Blockburger . . . ‘same-elements’ test pursuant to section 775.021(4), Florida Statutes[,] is the sole method

State of Florida v. Andrew James Jones

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490762

Published

Blockburger . . . ‘same-elements’ test pursuant to section 775.021(4), Florida Statutes[,] is the sole method

David William Trappman v. State of Florida

Supreme Court of Florida | Filed: Feb 8, 2024 | Docket: 68234641

Published

regarding multiple punishments contained in section 775.021(4), Florida Statutes (2017). Finally, we consider

Tanner Dashner v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149063

Published

Florida law pursuant to a 1988 amendment to section 775.021(4), Florida Statutes. Id. at 66-67. The court

Tanner Dashner v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149063

Published

Florida law pursuant to a 1988 amendment to section 775.021(4), Florida Statutes. Id. at 66-67. The court

ROBERT GAFFNEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 5, 2023 | Docket: 68062016

Published

jeopardy analysis must—in accordance with section 775.021(4)[, Florida Statutes]— be conducted without

Joshua Terrel Brown v. State of Florida

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68043002

Published

one criminal episode or transaction . . . .” § 775.021(4)(b), Fla. Stat. (2021). One exception to this

ANTONIO HODGSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 26, 2023 | Docket: 67636692

Published

GORDO, JJ. PER CURIAM. Affirmed. See § 775.21(4)(a)1.a., Fla. Stat. (2014) (providing that a

RANDY WASHINGTON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068609

Published

of the sentences be served concurrently.”); § 775.021(4)(a), Fla. Stat. (1989) (“Whoever, in the course

JAMIE PERRY ZAGARELLA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012432

Published

both under Florida’s double jeopardy statute, section 775.021(4)(a). Id. The Fifth District held the same

Jane Doe v. Richard L. Swearingen

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2022 | Docket: 65597053

Published

Laws Ch. 2006-235, § 1, codified at Fla. Stat. § 775.21(2)(g) (2006); see Fla. Stat. § 943.0435(1)(c)

JORGE A. RUIZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588633

Published

declaring him to be a sexual predator pursuant to section 775.21, Florida Statutes, for a qualifying offense

SCOTT ALEXANDER JOHNSTONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389447

Published

conduct that is not, in and of itself, criminal. § 775.021(1), Fla. Stat. (2017) (“The provisions of this

LAFE TRAVIS BEST vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 26, 2022 | Docket: 65274602

Published

correctly designated a sexual predator under section 775.21(4)(a), Florida Statutes (2018), Florida’s

Michael Anthony Conage v. United States

Supreme Court of Florida | Filed: Aug 25, 2022 | Docket: 64921097

Published

Finally, there is the rule of lenity. Through section 775.021(1), Florida Statutes, the Legislature has

GILBERTO ALVAREZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881537

Published

that Alvarez is a sexual predator pursuant to section 775.21, Florida Statutes (2015). We affirm.

Robert Velazco v. State of Florida

Supreme Court of Florida | Filed: Jun 30, 2022 | Docket: 63560766

Published

convictions are variants of the same offense under section 775.021(4)(b)2., Florida Statutes (2014), we hold that

D.G.D., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 15, 2022 | Docket: 63385752

Published

Blockburger “same- elements” test, codified in section 775.021, Florida Statutes (2021), to determine whether

BRYAN SHANE TEET vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2022 | Docket: 59992811

Published

construction of “custodial authority” as required by section 775.021(1). Id. at 1357–58 (quoting Hallberg v. State

JAMES EVANS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689404

Published

designation on an offender who qualifies under section 775.21, when the sentencing court did not impose the

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695048

Published

(Fla. 2009). See also § 775.021(4), Fla. Stat. (2012). 3 3 Section 775.021(4)(a)–(b) provides:

STATE OF FLORIDA v. ROODY DHAITI

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677198

Published

1992) (third alteration in original) (quoting § 775.021(1), Fla. Stat. (1989)). Because the relevant sections

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627047

Published

State, 3 So. 3d 1067, 1069 (Fla. 2009). See also § 775.021(4), Fla. Stat. (2012). 3 We therefore

JOHN AARON JACKSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60497122

Published

State, 185 So. 3d 1207, 1209 (Fla. 2016). See § 775.021(4)(a), Fla. Stat. (2020) (“[O]ffenses are separate

State of Florida v. Brian K. McKenzie

Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416614

Published

designation on an offender who qualifies under section 775.21, Florida Statutes (2018), the Florida Sexual

BARIAN KEITH PARRISH, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368610

Published

reconciled with the post-Faison amendment to section 775.021, Florida Statutes, which clarified that “[t]he

LIFERSON BREVIL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123705

Published

2d 17 (1983). Also, as required by section 775.021(1), Florida Statutes (2000), a strict

Charles Kevin Simpson v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2021 | Docket: 60108131

Published

(explaining that the question under Fla. Stat. § 775.021(4)(b) is whether each offense contains an element

NOUMAN KHAN RAJA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860106

Published

has codified the double jeopardy bar within section 775.021(4)(a)-(b), Florida Statutes (2015).” McCullough

STATE OF FLORIDA v. LEX LUGARD EUGENE

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241586

Published

court determined that the 1988 amendment to section 775.021, Florida Statutes, did not supersede Houser

State of Florida v. Jose Maisonet-Maldonado

Supreme Court of Florida | Filed: Dec 10, 2020 | Docket: 18730865

Published

ANALYSIS Because the statutory language of section 775.021, Florida Statutes (2010), clearly states the

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Supreme Court of Florida | Filed: Dec 10, 2020 | Docket: 18730866

Published

2018). 1 Because the same-elements test in section 775.021, Florida Statutes (2014), controls whether

LEOPOLDO SALAZAR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 16, 2020 | Docket: 18443042

Published

Judge. PER CURIAM. Affirmed. See § 775.21(4)(a)(1)(a), Fla. Stat. (2004); Sheppard v. State

SHIRLEY COTO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 20, 2020 | Docket: 17178716

Published

similar to that found in the DUI statute, section 775.021(4)(b), Florida Statutes (2015), which states

TERRENCE BARNETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432691

Published

("The Florida Supreme Court has held that section 775.021, Florida Statutes, does not abrogate the merger

TERRENCE BARNETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432691

Published

("The Florida Supreme Court has held that section 775.021, Florida Statutes, does not abrogate the merger

Robert O. Simmons v. State of Florida

District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16344964

Published

Simmons qualified as a sexual predator under section 775.21(4)(a)1.a., Florida Statutes, as he was convicted

TERRENCE BARNETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055458

Published

("The Florida Supreme Court has held that section 775.021, Florida Statutes, does not abrogate the merger

DERRELL A. RICHARDSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 15816375

Published

v. United States, 284 U.S. 299 (1932), and section 775.021, Florida Statutes. See Lee, 223 So. 3d at

JOSEPH WEITZ v. STATE OF FLORIDA

275 So. 3d 707

District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 15704313

Published

punishments are otherwise precluded under section 775.021(4), Florida Statutes (2011). See Valdes, 3

McKenzie v. State

272 So. 3d 808

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64715390

Published

designating him as a sexual predator under section 775.21, Florida Statutes (2018). The order was entered

Taylor v. State

267 So. 3d 1088

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64710116

Published

not resort to an analysis of the factors in section 775.021(4), Florida Statutes, commonly referred to

Taylor v. State

267 So. 3d 1088

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64710115

Published

not resort to an analysis of the factors in section 775.021(4), Florida Statutes, commonly referred to

Buggs v. State

268 So. 3d 878

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711799

Published

are facets of the same transaction. However, section 775.021(4), which was amended in 1988 by adding subsection

Buggs v. State

268 So. 3d 878

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711800

Published

are facets of the same transaction. However, section 775.021(4), which was amended in 1988 by adding subsection

OMAR RUSHAWN BUGGS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865432

Published

facets of the same transaction. However, section 775.021(4), which was amended in 1988 by adding subsection

TRAVIS MONTEZ EDWARDS v. STATE OF FLORIDA

268 So. 3d 849

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 14717608

Published

intent in this case, both parties rely on section 775.021(4)(a), Florida Statutes (2016), which authorizes

D.S., A CHILD v. STATE OF FLORIDA

267 So. 3d 414

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693183

Published

court make findings at the time of sentencing. See § 775.21(5)(a)1., Fla. Stat. (2014) (stating that “the

JAE-IL BYUN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618605

Published

violate the Blockburger2 test codified in section 775.021(4), Florida Statutes (2015). See Valdes, 3

TIMOTHY SHADE v. STATE OF FLORIDA

263 So. 3d 91

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588102

Published

dual burglary convictions are authorized by section 775.021(4)(b), Florida Statutes (2017), which provides:

Timothy Barber v. State of Florida

263 So. 3d 1133

District Court of Appeal of Florida | Filed: Jan 10, 2019 | Docket: 8488324

Published

different elements and none of the exceptions in section 775.021(4), Florida Statues, 4 apply. See Garcia v

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-11.

260 So. 3d 1024

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439935

Published

changes are based on legislative amendments to section 775.21(2), Florida Statutes (2018). See

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-11.

260 So. 3d 1024

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439935

Published

changes are based on legislative amendments to section 775.21(2), Florida Statutes (2018). See

STATE OF FLORIDA v. PASCAL ESTIME

259 So. 3d 884

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431890

Published

The rule of lenity requires us to do so. See § 775.021(1), Fla. Stat. (2006). Thus, in a situation

R.N., A CHILD v. STATE OF FLORIDA

257 So. 3d 507

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146148

Published

the Rule of Lenity and section 775.021(1), Florida Statutes (2017). Section 775.021(1) states that “[t]he

Isaac Williams v. State of Florida

257 So. 3d 1218

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8145458

Published

3 (Fla. 2d DCA 2013) (“[U]nder section 775.021(4)(b)(2), an attempt to commit an offense is

ANTHONY COWART v. STATE OF FLORIDA

257 So. 3d 145

District Court of Appeal of Florida | Filed: Oct 19, 2018 | Docket: 8053794

Published

transient address, contrary to Florida Statute 775.21. (3 DEG FEL) (LEVEL 7) Notwithstanding

C. H. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Aug 29, 2018 | Docket: 7766229

Published

physical violence and to repeat their offenses." § 775.21(3)(a). In this case the Father's conviction

C. H. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Aug 29, 2018 | Docket: 7766229

Published

physical violence and to repeat their offenses." § 775.21(3)(a). In this case the Father's conviction

Anthony Bernard Wiggins v. State of Florida

253 So. 3d 1196

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673704

Published

instructions * The rule of lenity, codified in section 775.021, Florida Statutes, requires that penal statutes

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-12.

249 So. 3d 554

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417583

Published

(Failure to Provide Required Information) § 775.21(6)(a)1., Fla. Stat. To prove the crime

Armas v. State

250 So. 3d 817

District Court of Appeal of Florida | Filed: Jun 29, 2018 | Docket: 64684275

Published

Florida Legislature did so when it enacted section 775.021(4)(a), Florida Statutes (2015), which provides

Reidel E. Armas v. State

District Court of Appeal of Florida | Filed: Jun 25, 2018 | Docket: 7371122

Published

Florida Legislature did so when it enacted section 775.021(4)(a), Florida Statutes (2015), which provides

Charles Vansmith v. State of Florida

247 So. 3d 64

District Court of Appeal of Florida | Filed: May 10, 2018 | Docket: 6565397

Published

from the essential elements of law by using section 775.021(4)(a), Florida Statutes (2017), to determine

CALVIN MELVIN v. STATE OF FLORIDA

246 So. 3d 424

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6521879

Published

would normally apply the rule of lenity in section 775.021(1), Florida Statutes (2017), and construe the

Jason Nicholas Frandi v. State of Florida

244 So. 3d 1180

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368665

Published

also designated a sexual predator pursuant to section 775.21(4)(a)1.b. On appeal, after his appointed counsel

MICHAEL ANGUILLE v. STATE OF FLORIDA

243 So. 3d 410

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360296

Published

wholly subsumed by the greater offense. § 775.021(4)(b), Fla. Stat. Pizzo v. State, 945 So. 2d

OBRIAN OAKLEY v. STATE OF FLORIDA

237 So. 3d 396

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6297816

Published

(1932). The Blockburger test is codified in section 775.021, Florida Statutes (2012), to determine whether

Richards v. State

237 So. 3d 426

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64673083

Published

12, 2014), a third-degree felony governed by section 775.21, Florida Statutes (2013). The information titled

Aguilar v. State

239 So. 3d 108

District Court of Appeal of Florida | Filed: Jan 17, 2018 | Docket: 6261382

Published

I, § 9, Fla. Const. (double jeopardy clause); § 775.021(4)(b)(3), Fla. Stat. (2007) (codifying that criminals

Wright v. State

230 So. 3d 1287

District Court of Appeal of Florida | Filed: Dec 15, 2017 | Docket: 60282823

Published

be designated a sexual predator pursuant to section 775.21(4), Florida Statutes, (1) if he or she was

Rodriguez v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236458

Published

commerce" theory; in fact, we are forbidden to do so. § 775.021(1), Fla. Stat. (2014) (directing that provisions

Virginia Denise Wyche v. State of Florida

District Court of Appeal of Florida | Filed: Nov 5, 2017 | Docket: 6217558

Published

the womb.” § 782.09(1), (5), Fla. Stat. (2014); § 775.021(5)(e), Fla. Stat. (2014). Also effective October

Weitz v. State

229 So. 3d 872

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179425

Published

52 S.Ct. 180, 76 L.Ed. 306 (1932); see also § 775.021(4)(a), Fla. Stat. (2012). 2 . This

Ralph Flint, III v. State of Florida

227 So. 3d 759, 2017 WL 4449458

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165234

Published

predator because the victim was not a minor. See § 775.21(4)(a)1.a., Fla. Stat. (2010); Maceo v. State,

Fleming v. State

227 So. 3d 1254, 2017 WL 4272109

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159057

Published

U.S. Const. Art I, § 9, Fla. Const. Under section 775.021(4)(a), Florida Statutes (2014), “[wjhoever

Vance v. State

224 So. 3d 897, 2017 Fla. App. LEXIS 12003, 2017 WL 3614100

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 60271773

Published

PER CURIAM. Affirmed. See § 775.21(4)(a)(l)(a), Fla. Stat. (2011); Adaway v. State, 902 So.2d 746 (Fla

Chad Mercer v. State of Florida

219 So. 3d 936, 2017 WL 2126359, 2017 Fla. App. LEXIS 6929

District Court of Appeal of Florida | Filed: May 16, 2017 | Docket: 6067450

Published

“survive a same elements test as (Mined by section 775.021, Florida Statutes, [ (2014) ], commonly referred

Marsh v. State

219 So. 3d 214, 2017 WL 1969499, 2017 Fla. App. LEXIS 6774

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6061248

Published

battery “wholly subsumes battery”); see also § 775.021(4), Fla. Stat. (2014). Accordingly, we affirm

Lewars v. State

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6061249

Published

"custody"—in other sections of chapter 775. See, e.g., § 775.21(10)(g), Fla. Stat. (2016) (providing that third-degree

Gomez v. State

220 So. 3d 495, 2017 WL 1929685, 2017 Fla. App. LEXIS 6565

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060367

Published

Block-burger 3 test, as codified in section 775.021, Florida Statutes, to determine whether separate

Reginal M. Hardy v. State

208 So. 3d 828, 2017 Fla. App. LEXIS 565

District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 4578117

Published

regardless of the date of offense of the prior felony.” § 775.21(4)(b), Fla. Stat. (2012) (emphasis added). This

Patterson v. State

206 So. 3d 64, 2016 Fla. App. LEXIS 18767

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 63630771

Published

State, 957 So.2d 625, 630 (Fla. 2007)); see § 775.021(4) (providing that a sentencing judge may order

Solomon v. State

206 So. 3d 822, 2016 Fla. App. LEXIS 18458

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556058

Published

2015). The legislature has told us the same. § 775.021(4)(a) (“Whoever, in the course of one criminal

Jahman Whitfield v. State

202 So. 3d 456, 2016 Fla. App. LEXIS 16042

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4487125

Published

that both pairs of convictions ran afoul of section 775.021(4)(b)2., Florida Statutes (2009), which forbids

Hughes v. State

201 So. 3d 1230, 2016 Fla. App. LEXIS 15693

District Court of Appeal of Florida | Filed: Oct 21, 2016 | Docket: 60294187

Published

Blockburger same-elements test codified in section 775.021(4), Florida Statutes.” , Id. at 919 (citation

State of Florida v. Christopher Douglas Weeks – Corrected Opinion

Supreme Court of Florida | Filed: Oct 20, 2016 | Docket: 4481080

Published

State, 973 So. 2d 1107, 1111 (Fla. 2007) (quoting § 775.021(1), Fla. Stat. (2002)). This extremely important

Joey Hughes v. State

201 So. 3d 1230

District Court of Appeal of Florida | Filed: Oct 17, 2016 | Docket: 4483405

Published

Blockburger same-elements test codified in section 775.021(4), Florida Statutes." Id. at 919 (citation

Kenneth Alfred Bicking, III v. State of Florida

200 So. 3d 799, 2016 Fla. App. LEXIS 15046, 2016 WL 5874420

District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480300

Published

Predator in accordance with the provisions of section 775.21(4)(a), Florida Statutes.” The trial court also

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

200 So. 3d 1229, 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2136, 2016 WL 5940106

Supreme Court of Florida | Filed: Sep 29, 2016 | Docket: 4448480

Published

required to register as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

200 So. 3d 1229

Supreme Court of Florida | Filed: Sep 29, 2016 | Docket: 4469723

Published

required to register as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender

John Doe 1 v. Miami-Dade County

838 F.3d 1050, 2016 U.S. App. LEXIS 17385, 2016 WL 5334979

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2016 | Docket: 4425021

Published

shall have the meaning ascribed to such term in Section 775.21, Florida Statutes, (13) “Temporary residence”

David F. Honaker v. State

199 So. 3d 1068, 2016 Fla. App. LEXIS 12580, 2016 WL 4415095

District Court of Appeal of Florida | Filed: Aug 19, 2016 | Docket: 4416538

Published

Id. at 143 (footnote omitted) (citing § 775.021(4)(b)3., Fla. Stat. (2011)). Nonetheless, we ultimately

Pawley v. State

199 So. 3d 309, 2016 Fla. App. LEXIS 10734, 2016 WL 3747133

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256579

Published

PER CURIAM. Affirmed. § 775.021(4)(a), Fla. Stat. (2013); Jackson v. State, 175 So.3d 368, 372 (Fla

Patel v. Kumar

196 So. 3d 468, 2016 Fla. App. LEXIS 9965, 2016 WL 3541019

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088977

Published

construction prescribed by the legislature in section 775.021(1), which states in regard to the “provisions

Paul v. State

188 So. 3d 985, 2016 Fla. App. LEXIS 5973

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055571

Published

2d 16 (Fla. 2d DCA 2000). See also § 775.021(4)(a)-(b), Fla. Stat. (1995); Roughton v

Richard Walker v. State of Florida

193 So. 3d 946, 2016 WL 1579077, 2016 Fla. App. LEXIS 5994

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055578

Published

52 S.Ct. 180, 76 L.Ed. 306 (1932) (codified in § 775.021(4), Fla. Stat. (2011)).

Richard Walker v. State of Florida

193 So. 3d 946, 2016 WL 1579077, 2016 Fla. App. LEXIS 5994

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055578

Published

52 S.Ct. 180, 76 L.Ed. 306 (1932) (codified in § 775.021(4), Fla. Stat. (2011)).

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASE-REPORT NO. 2015-05

195 So. 3d 1088, 2016 WL 1375712

Supreme Court of Florida | Filed: Apr 7, 2016 | Docket: 3051606

Published

(Failure to Provide Required Information) § 775.21(6)(a)l., Fla. Stat. To prove the crime of

M.M. v. State

187 So. 3d 300, 2016 Fla. App. LEXIS 3352, 2016 WL 830365

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 60254036

Published

statute that plainly controls in this case is section 775.021(1), Florida Statutes (2014), which instructs

M.M. v. State

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045467

Published

8 in this case is section 775.021(1), Florida Statutes (2014), which instructs

Harrison v. State

198 So. 3d 765, 2016 Fla. App. LEXIS 2945, 2016 WL 747022

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039681

Published

applied the “primary evil” test to interpret section 775.021(4)(b)(2), Florida Statutes (2008), and holding

Guardian Ad Litem Program v. M.H., the Father, and W.S., the Mother

184 So. 3d 1253, 2016 Fla. App. LEXIS 2286, 2016 WL 625830

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036656

Published

the term “sexual predator,” as defined in section 775.21, is a legal classification which results from

Guardian Ad Litem Program v. M.H., the Father, and W.S., the Mother

184 So. 3d 1253, 2016 Fla. App. LEXIS 2286, 2016 WL 625830

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036656

Published

the term “sexual predator,” as defined in section 775.21, is a legal classification which results from

John Patrick Fravel v. State of Florida

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035027

Published

subsumed by the greater offense. See § 775.021(4)(b), Fla. Stat. (2007). However, a defendant

Kirk Ready v. State of Florida

183 So. 3d 1234, 2016 Fla. App. LEXIS 711, 2016 WL 231379

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029488

Published

Ed. 306 (1932), which has been codified in section 775.021(4); Florida Statutes. Shelley, 176

Williamson v. State

180 So. 3d 1224, 2015 Fla. App. LEXIS 19090, 2015 WL 9598283

District Court of Appeal of Florida | Filed: Dec 21, 2015 | Docket: 60252301

Published

Williamson urges us to employ the Rule of Lenity. See § 775.021(1), Fla. Stat. We see no ambiguity in the statutory

William R. Crews v. State of Florida

183 So. 3d 329, 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535

Supreme Court of Florida | Filed: Nov 25, 2015 | Docket: 3015983

Published

teacher would not be considered a 5. See § 775.021(1), Fla. Stat. (2015) (“The provisions of this

Brian Williamson v. State of Florida

District Court of Appeal of Florida | Filed: Nov 8, 2015 | Docket: 3011064

Published

Williamson urges us to employ the Rule of Lenity. See § 775.021(1), Fla. Stat. We see no ambiguity in the statutory

J.J. v. State

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991093

Published

141 So. 3d 1163, 1170 (Fla. 2014); see also § 775.021(1), Fla. Stat. (2013) ("The provisions of

State of Florida v. Ray Mon Wright

180 So. 3d 1043

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991513

Published

be construed most, favorably to the accused.” § 775.021(1), Fla. Stat. (2014); see Thompson v. State,

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

separate offense for death of an unborn child, section 775.021(5), 1 newly enacted during the 2014

Ramroop v. State

174 So. 3d 584, 2015 Fla. App. LEXIS 13194, 2015 WL 5165545

District Court of Appeal of Florida | Filed: Sep 4, 2015 | Docket: 60250439

Published

must apply the rule of lenity. As stated in section 775.021, “The provisions of this code and offenses

Bradley v. State

174 So. 3d 1052, 2015 Fla. App. LEXIS 12851, 2015 WL 5051142

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250258

Published

the purpose of evaluating the application of section 775.021, Florida Statutes (2012). Conviction of a second-degree

Schoonover v. State

176 So. 3d 994, 2015 Fla. App. LEXIS 12528, 2015 WL 4945022

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 60251047

Published

of how to determine a lesser offense under section 775.021(4)(b)(3), Florida Statutes, for the purpose

Mays v. State

198 So. 3d 35, 2015 Fla. App. LEXIS 12553, 2015 WL 4965909

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 2686578

Published

charges based on the single incident. Section 775.021(4), Florida Statutes (2011), expresses the

Gregory Gun v. State of Florida

171 So. 3d 184, 2015 Fla. App. LEXIS 11406, 2015 WL 4557049

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679170

Published

ambiguity resolved in favor of the defendant. § 775.021(1), Fla. Stat. We have previously stated that:

State v. Burgess

168 So. 3d 316, 2015 Fla. App. LEXIS 9994, 2015 WL 4002298

District Court of Appeal of Florida | Filed: Jul 2, 2015 | Docket: 60248641

Published

failed to follow the procedures set forth in section 775.21(5)(a)3, Florida Statutes (2014), in the lower

Kevin Burks Jershun v. State of Florida

169 So. 3d 232, 2015 Fla. App. LEXIS 9973, 2015 WL 3988120

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679217

Published

designation at the time of sentencing. See § 775.21(5)(a), Fla. Stat. (2011). Even if the improperly

Hutto v. State

173 So. 3d 998, 2015 Fla. App. LEXIS 7745, 2015 WL 2432060

District Court of Appeal of Florida | Filed: May 22, 2015 | Docket: 2659202

Published

Hutto was charged are separate. See § 775.021(4)(a) *1002 (codifying the

Myron J. Montgomery v. State of Florida

183 So. 3d 1042, 2015 Fla. App. LEXIS 5502, 2015 WL 1666740

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679393

Published

that qualify for the designation. See § 775.21(4), Fla. Stat. (2012). Here, the trial court concluded

Duncan Jason Smith v. State

190 So. 3d 94, 2015 Fla. App. LEXIS 4273, 2015 WL 1334323

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679442

Published

construe the statute most favorable to. Appellant. § 775.021(1), Fla. Stat. Biller, 109 So.3d at

McNeil v. State

162 So. 3d 274, 2015 WL 1071158

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60247467

Published

that is to the benefit of the defendant. See § 775.021(1), Fla. Stat. (1991); Scates v. State, 603 So

Medina v. State

151 So. 3d 1277, 2014 Fla. App. LEXIS 19658, 2014 WL 6790209

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 60244414

Published

PER CURIAM. Affiri-np.fl. See § 775.21(4)(c)(1)(a), Fla. Stat. (1997).

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Supreme Court of Florida | Filed: Nov 26, 2014 | Docket: 2609569

Published

Department of Corrections) § 775.21(6)(b), Fla. Stat. To prove the crime of

Dana David Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2014 | Docket: 2598073

Published

survive a “same elements” test as defined by section 775.021, Florida Statutes, which is commonly referred

Silvers v. State

150 So. 3d 847, 2014 Fla. App. LEXIS 17629, 2014 WL 5462415

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60244326

Published

episode. Neither the battery statute, nor section 775.021(4), Florida Statutes, permits multiple convictions

Eduardo Juliao v. State

149 So. 3d 1151, 2014 Fla. App. LEXIS 16792, 2014 WL 5149148

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447685

Published

894 So.2d 941, 945 (Fla.2005)). Section 775.021(4)(a), Florida Statutes (2009), requires the

Chagnon v. State

148 So. 3d 527, 2014 Fla. App. LEXIS 15807, 2014 WL 5039699

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 60243545

Published

2009). The Block-burger 2 test, as codified in section 775.021(4)(a), Florida Statutes (2014), considers offenses

Exantus v. State

198 So. 3d 1, 2014 Fla. App. LEXIS 21532, 2014 WL 8764326

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 1441438

Published

Block-burger 1 analysis under section 775.021(4), Florida Statutes (2011), and determine

Jessica Patrice Anucinski v. State of Florida

148 So. 3d 106, 39 Fla. L. Weekly Supp. 583, 2014 Fla. LEXIS 2857, 39 Fla. L. Weekly Fed. S 583

Supreme Court of Florida | Filed: Sep 24, 2014 | Docket: 1333206

Published

course of one criminal transaction or episode.” § 775.021(4)(a), Fla. Stat. (2009). In enacting this rule

Robert B. Leftwich v. Florida Department of Corrections

148 So. 3d 79, 39 Fla. L. Weekly Supp. 565, 2014 Fla. LEXIS 2822, 2014 WL 4638692

Supreme Court of Florida | Filed: Sep 18, 2014 | Docket: 1272479

Published

the 1988 statute most favorably to Leftwich. § 775.021(1), Fla. Stat. (1989). Since the statute must

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

148 So. 3d 1204, 2014 WL 4636358

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171080

Published

Supervision of the Department of Corrections) § 775.21(6)(b), Fla. Stat. To prove the crime of Failure

Cedric Dennard v. State

157 So. 3d 1055, 2014 WL 4082938, 2014 Fla. App. LEXIS 12814

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1120041

Published

would not preclude consecutive sentencing. See § 775.021(4)(a), Fla. Stat. (1999) (requiring separate sentence

Denson v. State

143 So. 3d 1198, 2014 WL 4056555, 2014 Fla. App. LEXIS 12660

District Court of Appeal of Florida | Filed: Aug 18, 2014 | Docket: 60242284

Published

(“The Florida Supreme Court has held that section 775.021, Florida Statutes, does not abrogate the merger

State of Florida v. Eric J. Drawdy

136 So. 3d 1209, 39 Fla. L. Weekly Supp. 209, 2014 WL 1408556, 2014 Fla. LEXIS 1208

Supreme Court of Florida | Filed: Apr 10, 2014 | Docket: 56993

Published

Blockburger 6 test, codified at section 775.021(4)(a), Florida Statutes (2006), to determine

Ramirez v. State

133 So. 3d 648, 2014 WL 996524, 2014 Fla. App. LEXIS 3604

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238866

Published

different elements and none of the exceptions in section 775.021(4)(b), Florida Statutes, applied. See 92 So

North Carillon, LLC v. CRC 603, LLC

135 So. 3d 274, 39 Fla. L. Weekly Supp. 39, 2014 WL 241918, 2014 Fla. LEXIS 200

Supreme Court of Florida | Filed: Jan 23, 2014 | Docket: 401456

Published

argument concerning the statutory rule of lenity. Section 775.021(1), Florida Statutes (2013), provides that

North Carillon, LLC v. CRC 603, LLC

135 So. 3d 274, 39 Fla. L. Weekly Supp. 39, 2014 WL 241918, 2014 Fla. LEXIS 200

Supreme Court of Florida | Filed: Jan 23, 2014 | Docket: 401456

Published

argument concerning the statutory rule of lenity. Section 775.021(1), Florida Statutes (2013), provides that

Moseley v. State

129 So. 3d 492, 2014 WL 54673, 2014 Fla. App. LEXIS 127

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60237420

Published

also imposed a sexual predator designation. See § 775,21, Fla. Stat. (2009). In ground nine of his rule

Hamilton v. State

128 So. 3d 872, 2013 WL 6670841, 2013 Fla. App. LEXIS 20056

District Court of Appeal of Florida | Filed: Dec 16, 2013 | Docket: 60237188

Published

intent.” (emphasis added). The rule of lenity, section 775.021(1), Florida Statutes (2012), provides that

K.D.T. v. State

128 So. 3d 254, 2013 WL 6510901, 2013 Fla. App. LEXIS 19799

District Court of Appeal of Florida | Filed: Dec 13, 2013 | Docket: 60237052

Published

be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (2012). The circuit court’s interpretation

Ramsey v. State

124 So. 3d 444, 2013 WL 5932261, 2013 Fla. App. LEXIS 17698

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235508

Published

parties. The rule of lenity is codified in section 775.021(1), Florida Statutes, and provides that “[t]he

Thompson v. State

123 So. 3d 1188, 2013 WL 5730015, 2013 Fla. App. LEXIS 16770

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60234896

Published

848 So.2d 1222, 1224 (Fla. 1st DCA 2008). Section 775.021(4)(b)2., Florida Statutes, precludes separate

Adams v. State

123 So. 3d 659, 2013 WL 5629444, 2013 Fla. App. LEXIS 16433

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235145

Published

criteria for sexual predator designation under section 775.21, Florida Statutes (2007). The State concedes

Carroso v. State

129 So. 3d 374, 2013 WL 5224914, 2013 Fla. App. LEXIS 14797

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237376

Published

a manner most favorable to the defendant. See § 775.021(1), Fla. Stat. (2005). We do not attempt any comprehensive

Lafferty v. State

114 So. 3d 1115, 2013 WL 2661819, 2013 Fla. App. LEXIS 9439

District Court of Appeal of Florida | Filed: Jun 14, 2013 | Docket: 60231759

Published

known as the same-elements test, codified in section 775.021(4), Florida Statutes (2010). See State v. Johnson

Murphy v. State

114 So. 3d 1090, 2013 WL 2501982, 2013 Fla. App. LEXIS 9267

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60231745

Published

So.2d 1246, 1246 (Fla. 2d DCA 1999) (citing section 775.021(1), which provides that criminal statutes must

Goodman v. State

117 So. 3d 32, 2013 Fla. App. LEXIS 9234, 2013 WL 2462116

District Court of Appeal of Florida | Filed: Jun 10, 2013 | Docket: 60232647

Published

residence, [pursuant to] 943.0435(4)(b) or [section] 775.21(g)(2). 1. The offender will respond in person

Jenrette-Smith v. State

114 So. 3d 427, 2013 WL 2360921, 2013 Fla. App. LEXIS 8580

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231925

Published

mandatory. I. THE MANDATORY RULE OF CONSTRUCTION Section 775.021(1) states: “The provisions of this [criminal]

Jenrette-Smith v. State

114 So. 3d 427, 2013 WL 2360921, 2013 Fla. App. LEXIS 8580

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60231925

Published

mandatory. I. THE MANDATORY RULE OF CONSTRUCTION Section 775.021(1) states: “The provisions of this [criminal]

King v. State

125 So. 3d 934, 2013 WL 2218007, 2013 Fla. App. LEXIS 8134

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60236124

Published

quan-*935turn of cocaine, after the effective date of section 775.021, Florida Statutes (Supp. 1988), as each offense

State v. I.M.

114 So. 3d 351, 2013 WL 1978139, 2013 Fla. App. LEXIS 7823

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231867

Published

PER CURIAM. Affirmed. See § 775.021(1), Fla. Stat. (2012) (“The provisions of this code and *352offenses

Green v. State

111 So. 3d 248, 2013 WL 1482754, 2013 Fla. App. LEXIS 5789

District Court of Appeal of Florida | Filed: Apr 11, 2013 | Docket: 60230785

Published

effective date of the Sexual Predators Act, section 775.21(4)(a), Florida Statutes, which states that

Aubuchon v. State

110 So. 3d 55, 2013 WL 845517, 2013 Fla. App. LEXIS 3753

District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60230363

Published

Florida, 894 So.2d 941, 947 (Fla.2005), and citing § 775.021(4), Fla. Stat. (1997)). In addition, under section

Williams v. State

106 So. 3d 964, 2013 WL 332081, 2013 Fla. App. LEXIS 1229

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228507

Published

restaurant in Miami-Dade County. Pursuant to section 775.021(4), Florida Statutes (2008), a defendant may

Hare v. State

114 So. 3d 252, 2013 WL 275296

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231822

Published

element that the other does not,” codified at section 775.021(4)(a), Florida Statutes (2009).5 If each of

Boddison v. State

106 So. 3d 17, 2013 Fla. App. LEXIS 759, 2013 WL 195372

District Court of Appeal of Florida | Filed: Jan 18, 2013 | Docket: 60228144

Published

should have been considered under the version of section 775.21(4)(b), Florida Statutes, that was in effect

Gosling v. State

97 So. 3d 287, 2012 Fla. App. LEXIS 15317, 2012 WL 3964818

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60311752

Published

“sexual predator” and a “sexual offender.” While section 775.21, Florida Statutes, expressly requires the Florida

Seymore v. State

96 So. 3d 1097, 2012 WL 3824049, 2012 Fla. App. LEXIS 14848

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311426

Published

statute, and a prior conviction was not necessary. § 775.21(4)(a)la, Fla. Stat. (2003). While this conclusion

Hayes v. State

96 So. 3d 1047, 2012 WL 3711490, 2012 Fla. App. LEXIS 14499

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60311393

Published

erroneous and does not violate double jeopardy. § 775.021, Fla. Stat. (2011). Affirmed. MAY, C.J., GROSS

Graves v. State

95 So. 3d 1033, 2012 WL 3629372, 2012 Fla. App. LEXIS 14164

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311061

Published

Legislature’s general position, as articulated in section 775.021(4)(b), Florida Statutes (2011), to convict

Contreras-Garcia v. State

95 So. 3d 993, 2012 WL 3588370, 2012 Fla. App. LEXIS 14004

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311361

Published

second-degree felony under section 800.04, see § 775.21(4)(a)(l), Fla. Stat. (2009), a defendant may agree

Miles v. State

94 So. 3d 662, 2012 WL 3235209, 2012 Fla. App. LEXIS 13362

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60310945

Published

same criminal transaction. Next, we look to section 775.021(4)(a), Florida Statutes (2011), to determine

Davila v. State

98 So. 3d 122, 2012 Fla. App. LEXIS 11746, 2012 WL 2936072

District Court of Appeal of Florida | Filed: Jul 20, 2012 | Docket: 60312137

Published

845 So.2d 980, 933 (Fla. 5th DCA 2003); see § 775.021(4)(b)3., Fla. Stat. (2011). In making this fact-intensive

Headley v. State

90 So. 3d 912, 2012 WL 2327740, 2012 Fla. App. LEXIS 9847

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60309696

Published

Florida, this test is codified as part of section 775.021, Florida Statutes (2005). The White Collar

Almond v. State

89 So. 3d 1056, 2012 WL 1959380, 2012 Fla. App. LEXIS 8805

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308502

Published

him to be designated as a sexual predator. See § 775.21(4)(e)(l)(a), Fla. Stat. (1997).3 There is also

Merkle v. State

88 So. 3d 375, 2012 WL 1648289, 2012 Fla. App. LEXIS 7410

District Court of Appeal of Florida | Filed: May 11, 2012 | Docket: 60308262

Published

must be construed in favor of the defendant. See § 775.021(1), Fla. Stat. (2007). We believe that our reading

D.F. v. State

87 So. 3d 49, 2012 Fla. App. LEXIS 5650, 2012 WL 1232006

District Court of Appeal of Florida | Filed: Apr 13, 2012 | Docket: 60308003

Published

which D.F. must provide the documentation. See § 775.021(1), Fla. Stat. (2009) (ambiguities “shall be construed

Johnson v. State

80 So. 3d 1137, 2012 Fla. App. LEXIS 3449, 2012 WL 695642

District Court of Appeal of Florida | Filed: Mar 6, 2012 | Docket: 2412143

Published

convictions. The petition was filed pursuant to section 775.21(5)(a)3., Florida Statutes (2010), which provides:

McGrill v. State

82 So. 3d 130, 2012 Fla. App. LEXIS 1780, 2012 WL 385647

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60306090

Published

4th DCA 2011) (Warner, J., concurring) (citing § 775.021(1), Fla. Stat. (2008)). Section 948.20(1), when

Wesley v. State

77 So. 3d 847, 2012 Fla. App. LEXIS 359, 2012 WL 94577

District Court of Appeal of Florida | Filed: Jan 13, 2012 | Docket: 1587844

Published

jeopardy provisions of the constitution. See § 775.021(4)(b)3, Fla. Stat. (2011); see also Reeves v.

Beard v. State

69 So. 3d 366, 2011 Fla. App. LEXIS 14235, 2011 WL 3962150

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 671709

Published

did a Blockburger[1] analysis as codified in section 775.021(4)(a), Florida Statutes. The trial court determined

State v. Gil

68 So. 3d 999, 2011 Fla. App. LEXIS 14136, 2011 WL 3903157

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302416

Published

double jeopardy. Our analysis is governed by section 775.021(4), Florida Statutes (2009), codifying the

Ago

Florida Attorney General Reports | Filed: Aug 31, 2011 | Docket: 3255919

Published

thereof, you cite to several provisions of section 775.21, Florida Statutes, "The Florida Sexual Predators

Watkins v. State

57 So. 3d 986, 2011 Fla. App. LEXIS 4679, 2011 WL 1195882

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 60299229

Published

offenses under the Florida Sexual Predators Act, section 775.21, Florida Statutes. Thus, the trial court erred

Clinton v. State

57 So. 3d 262, 2011 Fla. App. LEXIS 3986, 2011 WL 1076999

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 375203

Published

necessary written findings in accordance with section 775.21(5)(a)1., Florida Statutes (2007). AFFIRMED;

Dees v. State

54 So. 3d 644, 2011 Fla. App. LEXIS 2680, 2011 WL 715009

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298365

Published

necessarily lesser-included offense of Count I. See § 775.021(4)(b)3., Fla. Stat. (2009); Fla. Std. Jury Instr

Burke v. State

48 So. 3d 943, 2010 Fla. App. LEXIS 18294, 2010 WL 4861711

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296659

Published

unconstitutionally vague. Id. at 278-279. Ultimately, section 775.021, Florida Statutes (2007), requires that we

K.J.F. v. State

44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295550

Published

considered whether The Florida Sexual Predator Act, section 775.21, Florida Statutes (2000), permitted classification

MARRIAGA v. State

44 So. 3d 155, 2010 Fla. App. LEXIS 12192, 2010 WL 3239099

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 2571552

Published

does not qualify as a sexual predator under section 775.21, Florida Statutes. The defendant was convicted

Brown v. State

36 So. 3d 826, 2010 Fla. App. LEXIS 7673, 2010 WL 2131908

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1638868

Published

high court addressed the interpretation of section 775.021(4)(b)2., Florida Statutes, which addresses

Brown v. State

36 So. 3d 826, 2010 Fla. App. LEXIS 7673, 2010 WL 2131908

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1638868

Published

high court addressed the interpretation of section 775.021(4)(b)2., Florida Statutes, which addresses

Perry v. State

35 So. 3d 978, 2010 Fla. App. LEXIS 6613

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 60294293

Published

PER CURIAM. Affirmed. See § 775.021(4)(a), Fla. Stat. (2005).

Coppola v. State

38 So. 3d 166, 2010 Fla. App. LEXIS 1440, 2010 WL 481023

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 60294556

Published

predator upon the state’s motion made pursuant to section 775.21(5)(c), Florida Statutes. Appellant moved for

Baines v. State

25 So. 3d 1277, 2010 Fla. App. LEXIS 532, 2010 WL 289123

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 60287507

Published

shall be construed most favorably to the accused. § 775.021(1), Fla. Stat. (2005). The defendant’s reliance

Harvey v. State

17 So. 3d 890, 2009 Fla. App. LEXIS 13748, 34 Fla. L. Weekly Fed. D 1888

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1644426

Published

in finding him to be a sexual predator under section 775.21, Florida Statutes, without an opportunity to

State v. Allen

8 So. 3d 456, 2009 Fla. App. LEXIS 3208, 2009 WL 996815

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60305484

Published

the manner most favorable to the juvenile. See § 775.021(1) (holding that penal statutes “shall be strictly

Pringle v. State

6 So. 3d 673, 2009 Fla. App. LEXIS 2193, 2009 WL 633197

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 60299795

Published

offenses qualify him as a sexual predator under section 775.21(4)(a), Florida Statutes (2006). See Castaneda

Darville v. State

995 So. 2d 1025, 2008 Fla. App. LEXIS 16785, 2008 WL 4722762

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 64856916

Published

offense, separate punishments are authorized by § 775.021(4)(b)). Sexual battery is the “oral, anal, or

Denhart v. State

987 So. 2d 1257, 2008 WL 3539478

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1724178

Published

"raises a due process claim." We again disagree. Section 775.21 of the Florida Statutes (2007) sets forth the

Cabrera v. State

988 So. 2d 1190, 2008 Fla. App. LEXIS 11879, 2008 WL 3154303

District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 64855553

Published

under the Florida Sexual Predator Statute, section 775.21(4)(a)l.a, Florida Statutes (2003): The felony

Allen v. State

988 So. 2d 694, 2008 Fla. App. LEXIS 11820, 2008 WL 2951520

District Court of Appeal of Florida | Filed: Aug 4, 2008 | Docket: 64855497

Published

to section 794.023 to a first degree felony, section 775.21(4)(a)l.a. required him to be designated as

State v. Wooding

984 So. 2d 657, 33 Fla. L. Weekly Fed. D 1654

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 2568979

Published

register as a *658 sexual predator as required by section 775.21(10)(a), Florida Statutes (2007). Wooding filed

Brady v. State

994 So. 2d 1145, 2008 Fla. App. LEXIS 8894, 2008 WL 2356996

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 64856834

Published

PER CURIAM. Affirmed. See § 775.21(3)(b), Fla. Stat. (2006); Brooks v. State, 969 So.2d 238, 243 (Fla

State v. Rothwell

981 So. 2d 1279, 2008 Fla. App. LEXIS 7486, 2008 WL 2167861

District Court of Appeal of Florida | Filed: May 27, 2008 | Docket: 64854891

Published

Florida legislature has stated its intent in section 775.021(4), Florida Statutes. That enactment provides

Thompson v. State

979 So. 2d 356, 2008 Fla. App. LEXIS 5260, 2008 WL 974921

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 64854605

Published

of violating1 in light of the provisions of section 775.021(4)(b), Florida Statutes (2006), which establish

White v. State

974 So. 2d 1184, 2008 WL 462975

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1717823

Published

each count, for a total sentence of 30 years. § 775.021(4), Fla. Stat. (2006). However, if the defendant

Jackson v. State

969 So. 2d 1147, 2007 Fla. App. LEXIS 18705, 2007 WL 3408370

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 64853318

Published

1998) (holding that procedural requirements of section 775.21, Florida Statutes (Supp.1996), do not violate

Witchel v. State

969 So. 2d 1143, 2007 Fla. App. LEXIS 18139, 2007 WL 3355600

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853313

Published

Stat. (2000); § 921.0024(2), Fla. Stat. (2000); § 775.021(4), Fla. Stat. (2000); Almendares v. State, 916

Moore v. State

967 So. 2d 991, 2007 Fla. App. LEXIS 16851, 2007 WL 3118865

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 64853008

Published

Florida Statutes, is as follows: "Pursuant to § 775.021(4), nothing contained herein shall be construed

Williams v. State

966 So. 2d 985, 2007 Fla. App. LEXIS 14547, 2007 WL 2713561

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 64852725

Published

defined by the Florida Sexual Predators Act, section 775.21, Florida Statutes (1993). The Florida Sexual

Williams v. State

966 So. 2d 985, 2007 Fla. App. LEXIS 14547, 2007 WL 2713561

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 64852725

Published

defined by the Florida Sexual Predators Act, section 775.21, Florida Statutes (1993). The Florida Sexual

State v. Blackburn

965 So. 2d 231, 2007 WL 2481016

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1509088

Published

construe the statutes favorably to the accused. See § 775.021(1), Fla. Stat. (2005); State v. Drury, 829 So

In re Amendments to Florida Rule of Criminal Procedure 3.790

959 So. 2d 1187, 32 Fla. L. Weekly Supp. 423, 2007 Fla. LEXIS 1192, 2007 WL 1932238

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 64851468

Published

she would meet the registration criteria of section 775.21, Florida Statutes, section 943.0435, Florida

Baker v. State

951 So. 2d 78, 2007 WL 737541

District Court of Appeal of Florida | Filed: Mar 13, 2007 | Docket: 1280820

Published

the construction most favorable to an accused. § 775.021(1), Fla. Stat. (2005); see also *80 Thomas v.

Bach v. State

953 So. 2d 22, 2007 Fla. App. LEXIS 3339, 2007 WL 674727

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 64849972

Published

crimes occurred prior to October 1, 1995, and section 775.21, et. seq., Florida Statutes (1993), required

Duff v. State

942 So. 2d 926, 2006 Fla. App. LEXIS 18739, 2006 WL 3228578

District Court of Appeal of Florida | Filed: Nov 9, 2006 | Docket: 64848013

Published

looks to the Blockburger2 test, as codified in section 775.021(4), Florida Statutes, to determine whether

Castro v. State

939 So. 2d 306, 2006 Fla. App. LEXIS 17275, 2006 WL 2956509

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 64847195

Published

element that the other does not,” (codified at section 775.021(4)(a)) and, second, even if each of the offenses

Danestan v. State

939 So. 2d 1132, 2006 Fla. App. LEXIS 16941, 2006 WL 2872590

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847350

Published

2003). Florida has codified this right in section 775.021, Florida Statutes (2003). “The prevailing standard

Jefferson v. State

937 So. 2d 833, 2006 Fla. App. LEXIS 16210, 2006 WL 2788214

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 64846742

Published

resolved in favor of the criminal defendant. § 775.021(1), Fla. Stat. (codifying the rule of lenity)

Ornis v. State

932 So. 2d 648, 2006 Fla. App. LEXIS 11592, 2006 WL 1896607

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64845638

Published

2003). Florida has codified this right in section 775.021, Florida Statutes (2003). In this case, the

Stanley v. State

934 So. 2d 562, 2006 Fla. App. LEXIS 10181, 2006 WL 1686507

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 64845851

Published

180, 76 L.Ed. 306 (1932), as codified in section 775.021(4), Florida Statutes. Moreover, contrary to

Cuecha v. State

934 So. 2d 538, 2006 Fla. App. LEXIS 8132, 2006 WL 1409795

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64845844

Published

predator because Florida’s Sexual Predator Act, section 775.21, Florida Statutes (2003), violates procedural

Cuecha v. State

934 So. 2d 538, 2006 Fla. App. LEXIS 8132, 2006 WL 1409795

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64845844

Published

predator because Florida’s Sexual Predator Act, section 775.21, Florida Statutes (2003), violates procedural

A.M.P. v. State

927 So. 2d 97, 2006 Fla. App. LEXIS 5451

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 64844201

Published

be strictly construed in favor of an accused. § 775.021, Fla. Stat. (2003). Here, there was no evidence

Castaneda v. State

922 So. 2d 451, 2006 WL 625865

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 2567342

Published

for sexual predator designation pursuant to section 775.21, Florida Statutes (2004). Castaneda appeals

Ago

Florida Attorney General Reports | Filed: Mar 8, 2006 | Docket: 3258902

Published

adopting "The Florida Sexual Predators Act," section 775.21, Florida Statutes, the Legislature clearly

J.D. v. State

920 So. 2d 209, 2006 Fla. App. LEXIS 1870, 2006 WL 348701

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842191

Published

*211Moreover, under the rule of lenity, see section 775.021(1), Florida Statutes, any ambiguity must be

Childers v. State

931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 64845369

Published

conclusion that the learned trial judge reached. See § 775.021(1), Fla. Stat. (2002) (requiring that “when the

Moore v. State

916 So. 2d 940, 2005 Fla. App. LEXIS 18781, 2005 WL 3180016

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64841412

Published

does not. Id. This principle is codified in section 775.021(4), Florida Statutes (2001), which provides:

Delgado v. State

911 So. 2d 198, 2005 Fla. App. LEXIS 14826, 2005 WL 2293185

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840430

Published

offense contains an element the other does not. See § 775.021(4)(a), Fla. Stat. (1999); Ferguson v. State, 420

Moore v. State

909 So. 2d 605, 2005 Fla. App. LEXIS 14064, 2005 WL 2138724

District Court of Appeal of Florida | Filed: Sep 7, 2005 | Docket: 64840194

Published

before October 1, 1993, the act’s effective date); § 775.21(4)(a), Fla. Stat. See also Kelly v. State, 745

Lupianez v. State

909 So. 2d 600, 2005 Fla. App. LEXIS 13879, 2005 WL 2105369

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840190

Published

designation of him as a sexual predator pursuant to section 775.21(4)(a)(l), Florida Statutes (2003). Because

Clark v. State

920 So. 2d 634, 2005 Fla. App. LEXIS 6524, 2005 WL 1026187

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64842308

Published

exception pursuant to section 775.021(4)(b), Florida Statutes. Section 775.021(4)(a) mandates that we

Bradley v. State

901 So. 2d 924, 2005 Fla. App. LEXIS 5568, 2005 WL 925608

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 64838092

Published

federal constitutions. Using the analysis of section 775.021(4)(a), Florida Statutes (2004), and Blockburger

Innis v. State

893 So. 2d 696, 2005 Fla. App. LEXIS 1678, 2005 WL 387544

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 64836102

Published

State, 776 So.2d 347, 352 (Fla. 5th DCA 2001); § 775.021, Fla. Stat. (2004). Appellant’s conviction and

Whipple v. DEPARTMENT OF CORRECTIONS, STATE

892 So. 2d 554, 2005 Fla. App. LEXIS 966, 2005 WL 236405

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 472210

Published

lenity. The rule of lenity has been codified in section 775.021 and provides that: [T]he provisions of this

Clement v. State

895 So. 2d 446, 2005 Fla. App. LEXIS 860, 2005 WL 231207

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64836430

Published

be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (1999). “[Statutes creating and

State v. Roberson

888 So. 2d 727, 2004 Fla. App. LEXIS 18853, 2004 WL 2827003

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64834710

Published

180, 76 L.Ed. 306 (1932), now codified in section 775.021(4), Florida Statutes (2001).

Navajero v. State

888 So. 2d 144

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 64834464

Published

2004), that the Florida Sexual Predator Act, section 775.21, Florida Statutes (1999), is unconstitutional

Kensler v. State

890 So. 2d 282, 2004 Fla. App. LEXIS 17287, 2004 WL 2579737

District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 64835248

Published

ground that the statute on which it was based, section 775.21, Florida Statutes (2003), violates procedural

Turner v. State

888 So. 2d 73, 2004 Fla. App. LEXIS 16216, 2004 WL 2409199

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 64834433

Published

order designating him a sexual predator under section 775.21, Florida Statutes (2002), Florida’s Sexual

Newingham v. State

881 So. 2d 83, 2004 Fla. App. LEXIS 12216, 2004 WL 1856075

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 64832391

Published

solely upon his criminal conviction pursuant to section 775.21(4)(a)(l)(a), Florida Statutes. Newingham contends

Meyers v. State

884 So. 2d 219, 2004 Fla. App. LEXIS 11410, 2004 WL 1736795

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64833456

Published

designating him as a sexual predator pursuant to section 775.21(4)(a)(l), Florida Statutes (2001). He argues

Dunbar v. State

879 So. 2d 98, 2004 Fla. App. LEXIS 11471, 2004 WL 1747373

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832082

Published

bystander identified Dunbar as the assailant. Section 775.021(4)(b), Florida Statutes, directly addresses

Anderson v. State

877 So. 2d 958, 2004 Fla. App. LEXIS 11318, 2004 WL 1697560

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 64831878

Published

Legislature has codified the Blockburger analysis in section 775.021(4), Florida Statutes (2002), which provides:

Sanchez v. State

875 So. 2d 1285, 2004 Fla. App. LEXIS 9939, 2004 WL 1515970

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 64831215

Published

prior to designating Sanchez as a sexual predator. § 775.21(4) Fla. Stat. (2000). We find no merit in Sanchez’

Metaxotos v. State

876 So. 2d 1261, 2004 Fla. App. LEXIS 9955, 2004 WL 1506164

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 64831657

Published

predator under Florida’s Sexual Predator Act, § 775.21, Fla. Stat., without a hearing on the actual risk

Martin v. State

876 So. 2d 1256, 2004 Fla. App. LEXIS 9928, 2004 WL 1496649

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 64831656

Published

be construed “most favorably to the accused.” § 775.021(1), Fla. Stat. (1997); see also Lewis v. State

Valentin v. State

874 So. 2d 1280, 2004 Fla. App. LEXIS 8544, 2004 WL 1360016

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 64831047

Published

designation as a sexual predator pursuant to section 775.21, Florida Statutes (2002), Florida’s Sexual

Thaden v. State

874 So. 2d 1238, 2004 Fla. App. LEXIS 7568, 2004 WL 1176228

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 64831016

Published

1st DCA) (rejecting appellant’s argument that section 775.21, Florida Statutes (2000), violated his right

M.D. v. State

873 So. 2d 525, 2004 Fla. App. LEXIS 6968, 2004 WL 1103684

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64830690

Published

be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (2001). The plain and ordinary

Summerall v. State

880 So. 2d 714, 2004 Fla. App. LEXIS 6238, 2004 WL 947841

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 64832270

Published

the Florida Sexual Predators Act (“the Act”), section 775.21, Florida Statutes (2003). He argues that the

Taylor v. State

880 So. 2d 704, 2004 Fla. App. LEXIS 5836, 2004 WL 892637

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 64832268

Published

sentence could not legally *705be imposed under section 775.021(4), Florida Statutes (Supp.1988), for that

Littlefield v. State

914 So. 2d 981, 2004 Fla. App. LEXIS 5417, 2004 WL 832890

District Court of Appeal of Florida | Filed: Apr 20, 2004 | Docket: 64840932

Published

870 So.2d 203 (Fla. 1st DCA 2004), and under section 775.21, The Florida Sexual Predator Act. See Frazier

Perkins v. State

884 So. 2d 964, 2004 Fla. App. LEXIS 5357, 2004 WL 825592

District Court of Appeal of Florida | Filed: Apr 19, 2004 | Docket: 64833628

Published

1st DCA) (rejecting appellant’s argument that section 775.21, Florida Statutes (2000), violated his right

Allen v. State

884 So. 2d 90, 2004 Fla. App. LEXIS 5012, 2004 WL 784677

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64833425

Published

the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2002). Allen argues that

Brueckman v. State

867 So. 2d 612, 2004 Fla. App. LEXIS 2683, 2004 WL 402407

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828663

Published

Brueckman’s challenge to the constitutionality of section 775.21, Florida Statutes (2001). See Milks v. State

State v. Mounce

866 So. 2d 132, 2004 WL 256513

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1273560

Published

numbers 2002-CF-739 and 2003-CF-194. [2] Section 775.021. Rules of Construction. (1) The provisions

Frazier v. State

934 So. 2d 474, 2004 Fla. App. LEXIS 1153, 2004 WL 221043

District Court of Appeal of Florida | Filed: Feb 6, 2004 | Docket: 64845816

Published

PER CURIAM. Concluding that section 775.21, Florida Statutes, the Florida Sexual Predators Act, does

Stokes v. State

855 So. 2d 694, 2003 Fla. App. LEXIS 15070, 2003 WL 22298627

District Court of Appeal of Florida | Filed: Oct 8, 2003 | Docket: 64825555

Published

order declaring Stokes a sexual predator under section 775.21, Florida Statutes, should be stricken. Stokes

Walker v. State

851 So. 2d 863, 2003 Fla. App. LEXIS 11788, 2003 WL 21820274

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 64824283

Published

violation of a similar law of another jurisdiction. § 775.21(4)(a)(l), Fla. Stat. (2002). (emphasis supplied)

Bartee v. State

849 So. 2d 12, 2003 Fla. App. LEXIS 3129, 2003 WL 1036463

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 64823906

Published

601 So.2d 1195, 1196-97 *15(Fla.1992); see also § 775.021(4), Fla. Stat. (1997). We therefore reverse the

State v. Waits

848 So. 2d 1030, 28 Fla. L. Weekly Supp. 139, 2003 Fla. LEXIS 174, 2003 WL 297154

Supreme Court of Florida | Filed: Feb 13, 2003 | Docket: 64823855

Published

Ct. 180, 76 L.Ed. 306 (1932), codified in section 775.021, Florida Statutes (1997), reveals that the

Hastings v. Krischer

840 So. 2d 267, 2003 WL 18451

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1463513

Published

attorney and the trial court to comply with section 775.021(1)(language susceptible of differing constructions

State v. Bodden

872 So. 2d 916, 2002 Fla. App. LEXIS 15659, 2002 WL 31421575

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 64830487

Published

should be construed in favor of an accused. See § 775.021(1), Fla. Stat. (2000); Cabal v. State, 678 So

Welch v. State

823 So. 2d 842, 2002 Fla. App. LEXIS 11682, 2002 WL 1877092

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 64816871

Published

predator reporting requirements, criminalized by section 775.21(10), Florida Statutes (2000). He maintains

State v. Maloy

823 So. 2d 815, 2002 Fla. App. LEXIS 9909, 2002 WL 1539678

District Court of Appeal of Florida | Filed: Jul 16, 2002 | Docket: 64816866

Published

See State v. Rife, 789 So.2d 288 (Fla.2001); § 775.021(1), Fla. Stat. We therefore conclude that section

State v. Colon

820 So. 2d 420, 2002 Fla. App. LEXIS 9418, 2002 WL 1428822

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 64816235

Published

predator pursuant to Section 775.21, Florida Statutes. The Defendant argued that Section 775.21 does not apply

Brady v. State

817 So. 2d 1079, 2002 Fla. App. LEXIS 7991, 2002 WL 1233211

District Court of Appeal of Florida | Filed: Jun 7, 2002 | Docket: 64815548

Published

his designation as a sexual predator under section 775.21(4)(c), Florida Statutes (1999). He contends

Cook v. State

813 So. 2d 1010, 2002 Fla. App. LEXIS 3784, 2002 WL 448659

District Court of Appeal of Florida | Filed: Mar 25, 2002 | Docket: 64814328

Published

Const, amend. V; Fla. Const, art. I, § 9. Section 775.021(4)(b), Florida Statutes (1999), provides for

Pruitt v. State

801 So. 2d 143, 2001 Fla. App. LEXIS 16387, 2001 WL 1471794

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 64810567

Published

or consecutively.” (Emphasis added)); see also § 775.021(4)(a), Fla. Stat. (1999) (‘Whoever, in the course

T.R.B. v. State

796 So. 2d 640, 2001 Fla. App. LEXIS 14467, 2001 WL 1219300

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 64809240

Published

declared him to be a sexual predator pursuant to section 775.21, Florida Statutes, the sexual-predator statute

M.A.F. v. State

796 So. 2d 1248, 2001 Fla. App. LEXIS 14462, 2001 WL 1223129

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 64809390

Published

declared him to be a sexual predator pursuant to section 775.21, Florida Statutes, the sexual-predator statute

Smith v. State

793 So. 2d 1118, 2001 Fla. App. LEXIS 12536, 2001 WL 1013589

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 64808220

Published

with the rule of construction set forth in section 775.021(1), Florida Statutes, we resolve this obvious

Ross v. State

804 So. 2d 359, 2001 WL 1008146

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 2558641

Published

sentences for two separate crimes were legal under section 775.021(4), Florida Statutes. Likewise, his double

Kelly v. State

795 So. 2d 135, 2001 Fla. App. LEXIS 11497

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 64808755

Published

the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2000). Kelly appeals his

State v. Ragland

789 So. 2d 530, 2001 Fla. App. LEXIS 9839, 2001 WL 814947

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64806745

Published

We agree with the trial court’s analysis.1 Section 775.021(1) provides, “The provisions of this code and

J.M. v. State

783 So. 2d 1204, 2001 Fla. App. LEXIS 5967

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64805094

Published

order declaring him a sexual predator under section 775.21, Florida Statutes (2000). J.M. contends that

Ago

Florida Attorney General Reports | Filed: Feb 28, 2001 | Docket: 3258761

Published

notification of the presence of sexual predators under section 775.21, Florida Statutes? In sum: The Chief of Police

State v. Nardi

779 So. 2d 596, 2001 Fla. App. LEXIS 1864, 2001 WL 166700

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64804227

Published

the course of a single criminal episode. See § 775.021(4)(b), Fla. Stat. (1997). The statute lists three

Bass v. State

791 So. 2d 1124, 2000 WL 1781404

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 1655789

Published

individual for the purposes of the statute, section 775.021(1) provides that, in construing statutes, "when

Grubbs v. State

769 So. 2d 503, 2000 Fla. App. LEXIS 13653, 2000 WL 1545036

District Court of Appeal of Florida | Filed: Oct 20, 2000 | Docket: 64801094

Published

raised the same double jeopardy argument, section 775.021(4)(b), Florida Statutes, expresses the intent

Grubbs v. State

771 So. 2d 49, 2000 Fla. App. LEXIS 12596, 2000 WL 1434470

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 64801659

Published

of a conveyance and criminal mischief. In section 775.021(4)(b), Florida Statutes, the legislature expressed

Clines v. State

765 So. 2d 947, 2000 Fla. App. LEXIS 11054, 2000 WL 1228017

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 64799926

Published

v. State, 724 So.2d 1176, 1180 (Fla.1998); section 775.021(1), Florida Statutes (1999), and special care

Jenkinson v. State

764 So. 2d 925, 2000 Fla. App. LEXIS 10386, 2000 WL 1154060

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64799528

Published

prior convictions according to the statute. See § 775.21 Fla. Stat. (1999). Accordingly, we remand this

Valentin v. State

775 So. 2d 330, 2000 Fla. App. LEXIS 9438, 2000 WL 1034624

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 64802930

Published

course of one criminal transaction. Under section 775.021(4)(a), Florida Statutes (1997), double jeopardy

G.S. v. State

761 So. 2d 1229, 2000 Fla. App. LEXIS 8257

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 64798534

Published

Penal statutes are to be strictly construed. See § 775.021, Fla. Stat. (1998); McLaughlin v. State, 721 So

Edwards v. State

761 So. 2d 1175, 2000 Fla. App. LEXIS 7556, 2000 WL 789851

District Court of Appeal of Florida | Filed: Jun 21, 2000 | Docket: 64798509

Published

the two charges are separate offenses under section 775.021, Florida Statutes (1997), and certifying conflict

Koenig v. State

757 So. 2d 595, 2000 Fla. App. LEXIS 5689, 2000 WL 569932

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 64797180

Published

is another case which raises an issue under section 775.021(4)(b), Florida Statutes. Specifically, the

McClora v. State

731 So. 2d 59, 1999 Fla. App. LEXIS 3851, 1999 WL 162494

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64787802

Published

the greater offense of aggravated battery. See § 775.021(4), Fla. Stat. (Supp.1996); Blockburger v. United

Lozada v. State

742 So. 2d 307, 1999 Fla. App. LEXIS 2171, 1999 WL 95436

District Court of Appeal of Florida | Filed: Feb 26, 1999 | Docket: 64791359

Published

Julian Lozada as a sexual predator pursuant to section 775.21, Florida Statutes (1997), and section 775.22

State v. Townsend

728 So. 2d 289, 1999 Fla. App. LEXIS 1359, 1999 WL 68795

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64786778

Published

handling and fondling a child in July 1996. See § 775.21, Fla. Stat. (Supp.1996). The trial court made

Bradshaw v. State

727 So. 2d 1014, 1999 Fla. App. LEXIS 1378, 1999 WL 77734

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64786626

Published

comparative elements analysis specified in section 775.021(4), Florida Statutes, in the manner explained

Ago

Florida Attorney General Reports | Filed: Jan 6, 1999 | Docket: 3256906

Published

presence of sexual predators.21 Pursuant to section 775.21(7), Florida Statutes (1998 Supplement), Florida's

LaRoche v. State

761 So. 2d 335, 23 Fla. L. Weekly 2681, 1998 Fla. App. LEXIS 15528, 1998 WL 879008

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64798330

Published

code with regard to thefts.... We hold that section 775.021(4)(b) bars concurrent prosecution for the general

Simmons v. State

722 So. 2d 862, 1998 Fla. App. LEXIS 14778, 1998 WL 821761

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 64784982

Published

with the legislative direction contained in section 775.021(4), Florida Statutes, that separate convictions

Lawson v. State

720 So. 2d 558, 1998 Fla. App. LEXIS 11441, 1998 WL 567948

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64784217

Published

of the defendant as a sexual predator under Section 775.21, Florida Statutes (1997). See State v. Carrasco

Thomas v. State

716 So. 2d 789, 1998 Fla. App. LEXIS 10431, 1998 WL 483964

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 64782449

Published

Florida Sexual Predator’s Act, codified at section 775.21-.23, Florida Statutes (1995), does not constitute

Almanza v. State

711 So. 2d 253, 1998 Fla. App. LEXIS 8853, 1998 WL 281294

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64781094

Published

v. State, 391 So.2d 338 (Fla. 4th DCA 1980); § 775.021(1), Fla. Stat. (1995). As the supreme court observed

McCann v. State

711 So. 2d 1290, 1998 Fla. App. LEXIS 5944, 1998 WL 263975

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64781219

Published

is contrary to the rule of construction of section 775.021(1), Florida Statutes (1993), which requires

Ziegler v. State

708 So. 2d 351, 1998 Fla. App. LEXIS 4269, 1998 WL 187464

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64779902

Published

designation as a sexual predator pursuant to section 775.21, Florida Statutes, The Florida Sexual Predators

Morris v. State

707 So. 2d 1203, 1998 Fla. App. LEXIS 3859, 1998 WL 171425

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64779813

Published

was declared a sexual predator pursuant to section 775.21, Florida Statutes (1993). In his prior appeal

J.M. v. State

709 So. 2d 157, 1998 Fla. App. LEXIS 2946

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 64780136

Published

are degrees of the same offense pursuant to section 775.021(4)(b)2, Florida Statutes (1989). See also Crittenden

Kyles v. State

703 So. 2d 1155, 1997 Fla. App. LEXIS 13669, 1997 WL 759583

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777920

Published

October 1, 1993, and before October 1, 1995. See § 775.21(4), Fla. Stat. (Supp.1996).

Florida Bar re Ash

701 So. 2d 552, 22 Fla. L. Weekly Supp. 634, 1997 Fla. LEXIS 1523, 1997 WL 618897

Supreme Court of Florida | Filed: Oct 9, 1997 | Docket: 64776758

Published

517 So.2d 678 (Fla.1988), was superseded by section 775.021(4), Fla. Stat. (1991) (amended effective Oct

Torrence v. State

695 So. 2d 853, 1997 Fla. App. LEXIS 6714, 1997 WL 330455

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 64774330

Published

U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); § 775.021(4), Fla. Stat. (1995).

Collier v. State

695 So. 2d 488, 1997 Fla. App. LEXIS 6263, 1997 WL 311549

District Court of Appeal of Florida | Filed: Jun 11, 1997 | Docket: 64774220

Published

PER CURIAM. Affirmed. § 775.021(4)(a), Fla. Stat. (1995); Blockburger v. United States, 284 U.S. 299

Legette v. State

694 So. 2d 826, 1997 Fla. App. LEXIS 5572, 1997 WL 266634

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64774081

Published

proof of an element that the other does not. § 775.021(4)(a), Fla. Stat. (1993); Blockburger v. United

Ago

Florida Attorney General Reports | Filed: Feb 10, 1997 | Docket: 3258204

Published

brutally murdered by a sexual offender.1 In section 775.21, Florida Statutes (1996 Supplement), the Legislature

Washington v. Burk

704 So. 2d 540, 1997 Fla. App. LEXIS 32, 1997 WL 1704

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64778326

Published

service of the show cause order in March, 1996? Section 775.021, Florida Statutes (1995) indicates that it

Weekfall v. State

686 So. 2d 618, 1996 Fla. App. LEXIS 11632, 1996 WL 637699

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 64770402

Published

protection against omissions in the information. § 775.021(1), Fla. Stat. (1993). Normally, a greater offense

Astrop v. State

682 So. 2d 1153, 1996 Fla. App. LEXIS 10873, 1996 WL 595174

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 64768998

Published

103 S.Ct. 673, 74 L.Ed.2d 535 (1983); Enmund; § 775.021(4), Fla. Stat. (1993). To the extent that this

Astrop v. State

682 So. 2d 1153, 1996 Fla. App. LEXIS 10873, 1996 WL 595174

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 64768998

Published

103 S.Ct. 673, 74 L.Ed.2d 535 (1983); Enmund; § 775.021(4), Fla. Stat. (1993). To the extent that this

Thomas v. State

677 So. 2d 987, 1996 Fla. App. LEXIS 8346, 1996 WL 447459

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 64766504

Published

PER CURIAM. AFFIRMED. See § 775.021(4), Fla. Stat. (1993); State v. Robinson, 581 So.2d 158 (Fla.1991);

Mandelbaum v. State

676 So. 2d 510, 1996 Fla. App. LEXIS 7076, 1996 WL 382952

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 64766095

Published

that dual convictions and sentences under section 775.021(4), Florida Statutes (1989) could result when

Cleveland v. State

673 So. 2d 983, 1996 Fla. App. LEXIS 5503, 1996 WL 279230

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64764750

Published

into a building also constitute a departure. Section 775.021(4), Florida Statutes (1993), does provide that

Preston v. State

672 So. 2d 897, 1996 Fla. App. LEXIS 4704, 1996 WL 225801

District Court of Appeal of Florida | Filed: May 7, 1996 | Docket: 64764324

Published

PER CURIAM. AFFIRMED. § 775.021(4), Fla.Stat. (1993); State v. McCloud, 577 So.2d 939 (Fla.1991) (defendant

Abel v. State

668 So. 2d 1121, 1996 Fla. App. LEXIS 2237, 1996 WL 98873

District Court of Appeal of Florida | Filed: Mar 8, 1996 | Docket: 64762780

Published

penalty is imposed. 660 So.2d at 1044 (citing § 775.021(1), Fla.Stat. (1993)). Nothing in the Hamilton

Beebe v. Foster

661 So. 2d 401, 1995 Fla. App. LEXIS 10919, 1995 WL 607756

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759246

Published

constitutional protection against double jeopardy in section 775.021(4), Florida Statutes. As Justice Kogan pointed

Lewis v. State

667 So. 2d 292, 1995 Fla. App. LEXIS 9642, 1995 WL 539046

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 64761940

Published

elements of the crime as we are mandated to do by section 775.021(4), Florida Statutes (1993), and Brown v. State

M.P.C. v. State

659 So. 2d 1293, 1995 Fla. App. LEXIS 9244

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 64758572

Published

See Sirmons v. State, 634 So.2d 153 (Fla.1994); § 775.021(4)(b), Fla.Stat. (1993). We conclude that In re

Anderson v. State

669 So. 2d 262, 1995 Fla. App. LEXIS 6580, 1995 WL 358094

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 64762849

Published

course of one criminal episode or transaction.” § 775.021(4)(b), Fla.Stat. (1993). Under paragraph (4)(b)

Love v. State

654 So. 2d 228, 1995 Fla. App. LEXIS 4215, 1995 WL 234692

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 64755884

Published

appellant’s factual allegation, but cited section 775.021(4), Florida Statutes (1993), for the proposition

State v. Woodruff

654 So. 2d 585, 1995 Fla. App. LEXIS 4061, 1995 WL 228605

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 64756084

Published

constitute separate offenses as defined in section 775.021(4)(b), Florida Statutes (1993), and the Blockburger3

Gadson v. Singletary

883 F. Supp. 702, 1995 U.S. Dist. LEXIS 4973, 1995 WL 227685

District Court, S.D. Florida | Filed: Mar 22, 1995 | Docket: 65996529

Published

majority’s decision was predicated on Fla.Stat. § 775.021(4), which provides: (4)(a) Whoever, in the course

Dolinger v. State

661 So. 2d 31, 1995 Fla. App. LEXIS 305, 1995 WL 18715

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 64759139

Published

McCloud, 577 So.2d 939 (Fla.1991); see also section 775.021, Florida Statutes (1991). Accordingly, we affirm

Sinclair v. State

645 So. 2d 105, 1994 Fla. App. LEXIS 10830, 1994 WL 627367

District Court of Appeal of Florida | Filed: Nov 10, 1994 | Docket: 64752164

Published

crimes occurred on separate and diverse days. Section 775.021(4)(a) and (b), Florida Statutes (1991), allows

Rolling v. State

643 So. 2d 51, 1994 Fla. App. LEXIS 9304, 1994 WL 523413

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 64751222

Published

1 (Fla. 1983), the supreme court construed section 775.021(4), Florida Statutes (1981), to authorize consecutive

Gunn v. State

641 So. 2d 462, 1994 Fla. App. LEXIS 8177, 1994 WL 440559

District Court of Appeal of Florida | Filed: Aug 17, 1994 | Docket: 64750398

Published

firearm in committing those offenses. Applying section 775.021, Florida Statutes, and the principles of Blockburger

Breeze v. State

634 So. 2d 689, 1994 Fla. App. LEXIS 1772, 1994 WL 68348

District Court of Appeal of Florida | Filed: Mar 9, 1994 | Docket: 64747391

Published

whether dual convictions can be imposed under Section 775.021(4)(a) and (b)(2), Florida Statutes (1989),

Helfant v. State

630 So. 2d 672, 1994 Fla. App. LEXIS 146, 1994 WL 10813

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 64745865

Published

775.089 is subject to the rule of lenity of section 775.021(1); if two constructions of the statutory text

Stearns v. State

626 So. 2d 254, 1993 Fla. App. LEXIS 9832, 1993 WL 383013

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 64743888

Published

a firearm. The court reasoned that, since section 775.021(4)(a) provides that multiple convictions analysis

Rozier v. State

620 So. 2d 194, 1993 Fla. App. LEXIS 4759, 1993 WL 136091

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 64697027

Published

determination, we reject the state’s argument that section 775.021(4)(a), Florida Statutes (1991), permits the

Norstrom v. State

616 So. 2d 592, 1993 Fla. App. LEXIS 4327, 1993 WL 100140

District Court of Appeal of Florida | Filed: Apr 7, 1993 | Docket: 64695406

Published

superseded in part by the 1988 amendment to section 775.021(4) of the Florida Statutes; State v. Barritt

Rumph v. State

615 So. 2d 211, 1993 Fla. App. LEXIS 2423, 1993 WL 55629

District Court of Appeal of Florida | Filed: Mar 4, 1993 | Docket: 64694912

Published

into an occupied vehicle are authorized by section 775.021(4), Florida Statutes (1991). Price v. State

M.C. v. State

614 So. 2d 4, 1993 Fla. App. LEXIS 1622, 1993 WL 31575

District Court of Appeal of Florida | Filed: Feb 9, 1993 | Docket: 64694387

Published

see Carawan v. State, 515 So.2d 161 (Fla.1987); § 775.-021(1), Fla.Stat. (1991), militate against the adjudication

Lewis v. State

613 So. 2d 115, 1993 WL 15597

District Court of Appeal of Florida | Filed: Jan 27, 1993 | Docket: 2580516

Published

Palmer v. State, 438 So.2d 1 (Fla. 1983) (section 775.021(4)(a) was not intended to permit stacking of

Forbes v. State

611 So. 2d 50, 1992 Fla. App. LEXIS 13135, 1992 WL 383039

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64693131

Published

within the greater offenses of sexual battery. Section 775.021(4), Florida Statutes (1989). Therefore, the

State v. Martin

602 So. 2d 1263, 17 Fla. L. Weekly Supp. 369, 1992 Fla. LEXIS 1124

Supreme Court of Florida | Filed: Jun 25, 1992 | Docket: 64669144

Published

committed prior to the legislative amendment to section 775.021(4), Florida Statutes (Supp.1988), [Martin’s]

Nelams v. State

597 So. 2d 967, 1992 Fla. App. LEXIS 4841, 1992 WL 92486

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 64666901

Published

double jeopardy constitutional rights.3 . See § 775.021(4)(b)3., Fla.Stat. (1988), and State v. Rodriguez

Haynes v. State

595 So. 2d 289, 1992 Fla. App. LEXIS 2793, 1992 WL 51258

District Court of Appeal of Florida | Filed: Mar 18, 1992 | Docket: 64665879

Published

sentence could not legally be imposed under section 775.021(4), Florida Statutes (1989), for that same

Parrish v. State

596 So. 2d 80, 1992 Fla. App. LEXIS 731, 1992 WL 16658

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 64666212

Published

elements. Palmer v. State, 438 So.2d 1 (Fla.1983); § 775.-021(4)(a), Florida Statutes (1989). We reject the

Carbone v. State

593 So. 2d 1117, 1992 Fla. App. LEXIS 726, 1992 WL 16576

District Court of Appeal of Florida | Filed: Feb 4, 1992 | Docket: 64665368

Published

fails. The pre-Carawan line of cases following section 775.021(4), Florida Statutes (1983), are binding, and

Harrold v. State

590 So. 2d 1015, 1991 Fla. App. LEXIS 12304, 16 Fla. L. Weekly Fed. D 3066

District Court of Appeal of Florida | Filed: Dec 11, 1991 | Docket: 64663944

Published

1988, the effective date of the amendment to section 775.021(4), Florida Statutes (1987), which authorizes

Hill v. State

588 So. 2d 46, 1991 Fla. App. LEXIS 10739, 1991 WL 216497

District Court of Appeal of Florida | Filed: Oct 24, 1991 | Docket: 64662552

Published

elements of robbery with a deadly weapon. See section 775.021(4), Florida Statutes (1989). Upon authority

State v. Smiley

591 So. 2d 262, 1991 Fla. App. LEXIS 10255, 1991 WL 199950

District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 64664211

Published

State v. McCloud, 577 So.2d 939 (Fla.1991) and section 775.-021(4)(a), Fla.Stat. (1989). GLICKSTEIN, C.J.

Albury v. State

585 So. 2d 509, 1991 Fla. App. LEXIS 9414, 1991 WL 188065

District Court of Appeal of Florida | Filed: Sep 24, 1991 | Docket: 64661399

Published

lesser offense, count II, must be vacated. See § 775.-021(4)(b)(3), Fla.Stat. (1989); Murray v. State,

Febles v. State

582 So. 2d 1262, 1991 Fla. App. LEXIS 7929, 1991 WL 154758

District Court of Appeal of Florida | Filed: Aug 13, 1991 | Docket: 64660354

Published

See State v. Smith, 547 So.2d 613 (Fla.1989); § 775.021(4)(a), Fla.Stat. (1989). Accordingly, the trial

State v. Sawyer

582 So. 2d 1259, 1991 Fla. App. LEXIS 8084, 1991 WL 147550

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 64660347

Published

the crimes occurred after the effective date of § 775.021, Fla.Stat. (i.e., July 1, 1988). Thus, in the

State v. James

581 So. 2d 1305, 16 Fla. L. Weekly Supp. 487, 1991 Fla. LEXIS 1057, 1991 WL 127617

Supreme Court of Florida | Filed: Jul 11, 1991 | Docket: 64659948

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

State v. Gillette

580 So. 2d 614, 1991 WL 101174

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1394186

Published

crimes occurred after the effective date of section 775.021, Florida Statutes (1988 Supp.), is it improper

State v. Edwards

581 So. 2d 232, 1991 Fla. App. LEXIS 5364, 1991 WL 98032

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 64659484

Published

considering the rule of lenity as codified in section 775.-021(1), Florida Statutes (1989).3 The trial court

Jackson v. State

581 So. 2d 237, 1991 Fla. App. LEXIS 5908, 1991 WL 98042

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 64659486

Published

(Fla. 4th DCA 1989). The 1989 amendment to section 775.021(4)(a), Florida Statutes (1989) is inapplicable

State v. Hollinger

581 So. 2d 153, 16 Fla. L. Weekly Supp. 425, 1991 Fla. LEXIS 903, 1991 WL 94294

Supreme Court of Florida | Filed: Jun 6, 1991 | Docket: 64659456

Published

offenses for purposes of double jeopardy and section 775.021(4), Florida Statutes (1979), depended solely

Kase v. State

581 So. 2d 612, 1991 Fla. App. LEXIS 4779, 1991 WL 120201

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 64659578

Published

violate double jeopardy principles. We affirm.* Section 775.021(4)(b), Florida Statutes (Supp.1988), permits

Simmons v. State

580 So. 2d 295, 1991 Fla. App. LEXIS 4748, 1991 WL 83641

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 64658991

Published

and legislative intent embodied in the then section 775.021(4), Florida Statutes (1983), held that a defendant

Kellam v. State

579 So. 2d 243, 1991 Fla. App. LEXIS 4023, 1991 WL 76531

District Court of Appeal of Florida | Filed: Apr 29, 1991 | Docket: 64658602

Published

case because we “did not resort to amended section 775.021(4)” in reaching our decision, and because conflict

Williams v. State

578 So. 2d 473, 1991 Fla. App. LEXIS 3642, 1991 WL 60844

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658274

Published

conclude that the convictions are proper under section 775.021, Florida Statutes (1989) and the pre-Carawan

Tillman v. State

577 So. 2d 1003, 1991 Fla. App. LEXIS 3621, 1991 WL 61782

District Court of Appeal of Florida | Filed: Apr 16, 1991 | Docket: 64657990

Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp.1988). State v. V.A

Price v. State

577 So. 2d 682, 1991 Fla. App. LEXIS 3072, 1991 WL 46855

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 64657915

Published

shooting into an occupied vehicle are affirmed. See § 775.021(4), Fla. Stat. (Supp.1988); Taylor v. State, 543

Duke v. State

578 So. 2d 744, 1991 Fla. App. LEXIS 2533, 1991 WL 39352

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 64658319

Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp.1988).1 Accordingly

State v. Hanna

576 So. 2d 410, 1991 Fla. App. LEXIS 2316, 1991 WL 35298

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 64657336

Published

burglary. Under the statutory amendment to section 775.021(4), Florida Statutes (1990), which superceded

Scarpillo v. State

576 So. 2d 377, 1991 Fla. App. LEXIS 2160, 1991 WL 32063

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 64657316

Published

December 10, 1987. The legislature then amended section 775.021(4), Florida Statutes (Supp.1988), effective

State v. V.A.A.

577 So. 2d 941, 16 Fla. L. Weekly Supp. 194, 1991 Fla. LEXIS 390

Supreme Court of Florida | Filed: Feb 28, 1991 | Docket: 64657980

Published

crimes occurred after the effective date of section 775.021, Florida Statutes (Supp.1988), is it improper

Smith v. State

574 So. 2d 1228, 1991 Fla. App. LEXIS 1439, 1991 WL 22508

District Court of Appeal of Florida | Filed: Feb 27, 1991 | Docket: 64656533

Published

1990). We also affirm as to Point II on appeal. § 775.021(4), Fla.Stat. (1989). Point III on appeal questions

St. Clair v. State

575 So. 2d 243, 1991 Fla. App. LEXIS 875, 1991 WL 15556

District Court of Appeal of Florida | Filed: Feb 8, 1991 | Docket: 64656593

Published

the probata in contravention of Ca-rawan and section 775.021(4). Gordon, on the other hand, was a pure statutory

Beasley v. State

573 So. 2d 1040, 1991 Fla. App. LEXIS 792, 1991 WL 11733

District Court of Appeal of Florida | Filed: Feb 5, 1991 | Docket: 64656078

Published

State, 573 So.2d 153 (Fla. 3d DCA 1991); Section 775.021(4), Florida Statutes (1988 Supp.).

Stenson v. State

573 So. 2d 1022, 1991 Fla. App. LEXIS 678, 1991 WL 9362

District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 64656065

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

James v. State

573 So. 2d 1025, 1991 Fla. App. LEXIS 681, 1991 WL 9386

District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 64656067

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Stenson v. State

573 So. 2d 1022, 1991 Fla. App. LEXIS 678, 1991 WL 9362

District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 64656065

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Johnson v. State

574 So. 2d 242, 1991 Fla. App. LEXIS 734, 1991 WL 10431

District Court of Appeal of Florida | Filed: Jan 31, 1991 | Docket: 64656319

Published

to the rule of lenity became effective (see Section 775.-021, Florida Statutes (Supp.1988)), we AFFIRM

Bacchus v. State

572 So. 2d 568, 1991 Fla. App. LEXIS 174, 1991 WL 2729

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64655679

Published

denied in Carawan on December 10, 1987, and section 775.021(4) was amended on July 1, 1988. Application

Gidden v. State

573 So. 2d 153, 1991 WL 2810

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 2549838

Published

case were committed after the amendments to section 775.021(4), Florida Statutes (1989), became effective

State v. Zanger

572 So. 2d 1379, 1991 Fla. LEXIS 11, 1991 WL 1361

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 64655857

Published

other statutes shall be strictly construed....” § 775.021, Fla.Stat. (1983). Accordingly, we quash that

Gillette v. State

571 So. 2d 600, 1990 Fla. App. LEXIS 9893, 1990 WL 212852

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 64655116

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (1988 SUPP.), IS IT IMPROPER

Robinson v. State

571 So. 2d 120, 1990 Fla. App. LEXIS 9599, 1990 WL 211471

District Court of Appeal of Florida | Filed: Dec 21, 1990 | Docket: 64654989

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Robinson v. State

571 So. 2d 120, 1990 Fla. App. LEXIS 9599, 1990 WL 211471

District Court of Appeal of Florida | Filed: Dec 21, 1990 | Docket: 64654989

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Robinson v. State

572 So. 2d 992, 1990 Fla. App. LEXIS 9608, 1990 WL 211470

District Court of Appeal of Florida | Filed: Dec 21, 1990 | Docket: 64655771

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Layton v. State

570 So. 2d 1117, 1990 Fla. App. LEXIS 9176, 1990 WL 195825

District Court of Appeal of Florida | Filed: Dec 7, 1990 | Docket: 64654815

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Dukes v. State

569 So. 2d 1380, 1990 Fla. App. LEXIS 8892, 1990 WL 180943

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 64654591

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER

Velazquez v. State

570 So. 2d 400, 1990 Fla. App. LEXIS 8795, 1990 WL 179107

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 64654670

Published

charges occurred prior to the effective date of section 775.021(4), Florida Statutes (Supp.1988).

Brunson v. State

568 So. 2d 1344, 1990 Fla. App. LEXIS 8499, 1990 WL 169463

District Court of Appeal of Florida | Filed: Nov 6, 1990 | Docket: 64654174

Published

months after the July 1, 1988 effective date of section 775.021(4), Florida Statutes (Supp.1988), the legislative

Martin v. State

568 So. 2d 1324, 1990 Fla. App. LEXIS 8293, 1990 WL 164820

District Court of Appeal of Florida | Filed: Oct 30, 1990 | Docket: 64654163

Published

committed prior to the legislative amendment to section 775.021(4), Florida Statutes (Supp.1988), his conviction

Talbert v. State

568 So. 2d 988, 1990 Fla. App. LEXIS 8148, 1990 WL 159653

District Court of Appeal of Florida | Filed: Oct 24, 1990 | Docket: 64653893

Published

footnote 3, acknowledged that the amendment to section 775.021(4)(a), Florida Statutes (1989) was not applicable

White v. State

571 So. 2d 498, 1990 Fla. App. LEXIS 7847, 1990 WL 152195

District Court of Appeal of Florida | Filed: Oct 12, 1990 | Docket: 64655069

Published

CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION 775.021, FLORIDA STATUTES (1988 SUPP.), IS IT IMPROPER

Warren v. State

565 So. 2d 908, 1990 Fla. App. LEXIS 6431, 1990 WL 121773

District Court of Appeal of Florida | Filed: Aug 24, 1990 | Docket: 64652456

Published

heroin, offenses predating the amendment of section 775.021(4), Florida Statutes (Supp.1988). Thus, under

Gibson v. State

565 So. 2d 402, 1990 Fla. App. LEXIS 6246, 1990 WL 115512

District Court of Appeal of Florida | Filed: Aug 13, 1990 | Docket: 64652121

Published

offense is not affected by the 1988 amendment to section 775.021, Florida Statutes, adding subsection 4(b).1

Rose v. State

562 So. 2d 397, 1990 Fla. App. LEXIS 4061, 1990 WL 73187

District Court of Appeal of Florida | Filed: Jun 5, 1990 | Docket: 64650942

Published

battery and the kidnapping of the same victim. § 775.021(4), Fla.Stat. (1985).

State v. McCray

561 So. 2d 257, 1990 WL 59663

Supreme Court of Florida | Filed: May 3, 1990 | Docket: 1331249

Published

legislature spoke loud and clear when it amended section 775.021(4), Florida Statutes (1985). The amended statute

Williams v. State

558 So. 2d 1103, 1990 Fla. App. LEXIS 2364, 1990 WL 41530

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 64649191

Published

erroneously cited section 893.13(l)(e). . Section 775.021(4)(a), Florida Statutes (Supp. 1988), which

Salazar v. State

560 So. 2d 1207, 1990 Fla. App. LEXIS 1526, 1990 WL 26655

District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 64650339

Published

*1208State, 542 So.2d 417 (Fla. 4th DCA 1989); see § 775.021(4)(a), Fla.Stat. (1989). The defendant was also

V.A.A. v. State

561 So. 2d 314, 1990 Fla. App. LEXIS 1430

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 64650635

Published

were committed after the effective date of section 775.021, Florida Statutes (1988), the statute, as amended

Smith v. State

555 So. 2d 942, 1990 Fla. App. LEXIS 205, 1990 WL 2408

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 64647601

Published

to the effective date of the amendment to section 775.-21(4), Florida Statutes (Supp.1988). Therefore

McKinney v. State

553 So. 2d 796, 1989 Fla. App. LEXIS 7238, 1989 WL 153607

District Court of Appeal of Florida | Filed: Dec 21, 1989 | Docket: 64646974

Published

predate the legisla*797ture’s amendment to section 775.021(4). Therefore, the law of this case is governed

Kelly v. State

553 So. 2d 800, 1989 Fla. App. LEXIS 7229, 1989 WL 153616

District Court of Appeal of Florida | Filed: Dec 21, 1989 | Docket: 64646980

Published

crimes were committed prior to the amendment of section 775.021(4), Florida Statutes (Supp.1988). Therefore

Reddick v. State

554 So. 2d 564, 14 Fla. L. Weekly 2866, 1989 Fla. App. LEXIS 7035, 1989 WL 149626

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64647224

Published

515 So.2d at 161, has been superseded by section 775.021(4), Florida Statutes (Supp.1988), the statutory

Reddick v. State

554 So. 2d 564, 14 Fla. L. Weekly 2866, 1989 Fla. App. LEXIS 7035, 1989 WL 149626

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64647224

Published

515 So.2d at 161, has been superseded by section 775.021(4), Florida Statutes (Supp.1988), the statutory

E.H. v. State

552 So. 2d 1197, 14 Fla. L. Weekly 2792, 1989 Fla. App. LEXIS 6717, 1989 WL 146018

District Court of Appeal of Florida | Filed: Dec 5, 1989 | Docket: 64646625

Published

State, 538 So.2d 90, 91 (Fla. 1st DCA 1989); § 775.021(4), Fla.Stat. (1988). The delinquency adjudication

Bogan v. State

552 So. 2d 1171, 14 Fla. L. Weekly 2659, 1989 Fla. App. LEXIS 6352, 1989 WL 136161

District Court of Appeal of Florida | Filed: Nov 14, 1989 | Docket: 64646611

Published

criminal statutes strictly in favor of the accused, § 775.021(1), Fla.Stat. (1987), I think we should reject

Kelly v. State

552 So. 2d 1140, 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5861

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 64646591

Published

(Fla.1987) and the pre-amended version of section 775.021(4). State v. Smith, 547 So.2d 613 (Fla.1989)

State v. Winter

549 So. 2d 1170, 14 Fla. L. Weekly 2375, 1989 Fla. App. LEXIS 5602, 1989 WL 118640

District Court of Appeal of Florida | Filed: Oct 11, 1989 | Docket: 64645404

Published

that pursuant to the recent amendment to section 775.021, Florida Statutes (Supp.1988), the legislative

Ned v. State

550 So. 2d 495, 1989 WL 117145

District Court of Appeal of Florida | Filed: Oct 6, 1989 | Docket: 64645554

Published

1989). Further, the state’s argument that section 775.021(4) should be applied retroactively so as to

McNair v. State

549 So. 2d 1106, 14 Fla. L. Weekly 2297, 1989 Fla. App. LEXIS 5324, 1989 WL 112130

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 64645363

Published

offenses occurred prior to the 1988 amendment to section 775.021(4), Florida Statutes (1985), appellant’s conviction

Adams v. State

548 So. 2d 1179, 14 Fla. L. Weekly 2231, 1989 Fla. App. LEXIS 5144, 1989 WL 108477

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 64644915

Published

1989). Although Carawan has been superseded by section 775.021(4)(b), Florida Statutes (1988 Supp.), retroactive

Paul v. State

548 So. 2d 297, 14 Fla. L. Weekly 2084, 1989 Fla. App. LEXIS 4910, 1989 WL 101260

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 64644641

Published

involved occurred prior to the passage of section 775.-021(4)(a), Florida Statutes (Supp.1988). See State

Smith v. State

548 So. 2d 755, 14 Fla. L. Weekly 2043, 1989 Fla. App. LEXIS 4855

District Court of Appeal of Florida | Filed: Aug 31, 1989 | Docket: 64644817

Published

multiple convictions in this case violate section 775.021(4), Florida Statutes (1987) and Carawan v.

State v. Armstrong

547 So. 2d 1293, 14 Fla. L. Weekly 2047, 1989 Fla. App. LEXIS 4851, 1989 WL 99697

District Court of Appeal of Florida | Filed: Aug 31, 1989 | Docket: 64644552

Published

the effective date of the 1988 amendment of section 775.021(4)1 that amendment does not apply to this case

Seay v. State

550 So. 2d 34, 14 Fla. L. Weekly 1953, 1989 Fla. App. LEXIS 4652, 1989 WL 95290

District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 64645474

Published

stand. Although Carawan has been superseded by section 775.021(4)(b), Florida Statutes (1988 Supp.), we noted

Inglis v. State

547 So. 2d 702, 14 Fla. L. Weekly 1839, 1989 Fla. App. LEXIS 4368, 1989 WL 85719

District Court of Appeal of Florida | Filed: Aug 3, 1989 | Docket: 64644380

Published

has been overridden by the 1988 amendment to section 775.021(4),2 but that (2) the override will not be

Deltoro v. State

546 So. 2d 1169, 14 Fla. L. Weekly 1813, 1989 Fla. App. LEXIS 4294, 1989 WL 85278

District Court of Appeal of Florida | Filed: Aug 1, 1989 | Docket: 64643950

Published

88-131, § 7, Laws of Fla., the amendment to section 775.021(4), Florida Statutes (1987) which became effective

Holmes v. State

547 So. 2d 695, 14 Fla. L. Weekly 1775, 1989 Fla. App. LEXIS 4225, 1989 WL 82120

District Court of Appeal of Florida | Filed: Jul 27, 1989 | Docket: 64644377

Published

rioted in Smith, the legislative amendment to section 775.021(4), Florida Statutes (Supp. 1988) which became

Boyd v. State

546 So. 2d 132, 14 Fla. L. Weekly 1718, 1989 Fla. App. LEXIS 4028, 1989 WL 78335

District Court of Appeal of Florida | Filed: Jul 19, 1989 | Docket: 64643620

Published

consecutive sentences. The state points to section 775.021(4)(a-b), Florida Statutes (Supp.1988), as evidence

Phillips v. State

546 So. 2d 119, 14 Fla. L. Weekly 1681, 1989 Fla. App. LEXIS 3928, 1989 WL 76419

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 64643603

Published

appellant’s offense occurred in 1987 so that section 775.021, Florida Statutes (Supp.1988), does not apply

Gunn v. State

546 So. 2d 115, 14 Fla. L. Weekly 1659, 1989 Fla. App. LEXIS 3871, 1989 WL 75747

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 64643600

Published

section 7, Laws of Florida, which amended section 775.021(4), Florida Statutes, effective July 1, 1988

Kelly v. State

546 So. 2d 441, 1989 WL 73754

District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 2572915

Published

apparently been superseded by the enactment of section 775.021(4)(b), Florida Statutes (1988 Supp.), State

Musico v. State

545 So. 2d 964, 14 Fla. L. Weekly 1575, 1989 Fla. App. LEXIS 3668, 1989 WL 72731

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 64643447

Published

the effective date for the 1988 amendment to section 775.021(4), Florida Statutes, that amendment need not

Nash v. State

547 So. 2d 147, 14 Fla. L. Weekly 1430, 1989 Fla. App. LEXIS 3357, 1989 WL 62410

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 64644141

Published

robbery be vacated. The state maintains that section 775.-021(4), Florida Statutes, as recently amended

Rojas v. State

543 So. 2d 415, 14 Fla. L. Weekly 1233, 1989 Fla. App. LEXIS 2797, 1989 WL 51206

District Court of Appeal of Florida | Filed: May 18, 1989 | Docket: 64642608

Published

Carawan v. State, 515 So.2d 161 (Fla.1987) and section 775.021(4), Florida Statutes (Supp.1988), it is error

Taylor v. State

543 So. 2d 366, 14 Fla. L. Weekly 1191, 1989 Fla. App. LEXIS 2703, 1989 WL 49605

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 64642578

Published

offense took place after the Legislature amended Section 775.021(4)(a), Florida Statutes, to provide that “[w]hoever

Mitchell v. State

543 So. 2d 292, 14 Fla. L. Weekly 1029, 1989 Fla. App. LEXIS 2245, 1989 WL 39580

District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 64642544

Published

The crimes predated the 1988 amendment to section 775.021(4)(a), Florida Statutes (Supp.1988).

Houston v. State

540 So. 2d 943, 14 Fla. L. Weekly 925, 1989 Fla. App. LEXIS 1945, 1989 WL 33956

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 64641401

Published

because the crime predated the 1988 amendment to section 775.021(4)(a), Florida Statutes (Supp.1988), and thus

Roundtree v. State

536 So. 2d 1141, 14 Fla. L. Weekly 103, 1988 Fla. App. LEXIS 5786, 1988 WL 139093

District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 64639630

Published

subsequent to Ca-rawan, the legislature amended section 775.021(4), Florida Statutes (1983), to clarify its

State v. Friedman

533 So. 2d 309, 13 Fla. L. Weekly 2451, 1988 Fla. App. LEXIS 4837, 1988 WL 117175

District Court of Appeal of Florida | Filed: Nov 7, 1988 | Docket: 64638296

Published

Winters, 346 So.2d 991 (Fla. 1977); see also section 775.021(1), Florida Statutes. We agree with the trial

State v. Locke

528 So. 2d 399, 13 Fla. L. Weekly 1115, 1988 Fla. App. LEXIS 1867, 1988 WL 44491

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 64636009

Published

cannot make such a presumption. Based on Florida Statute 775.021,1 in strictly construing that statute,

Pettit v. State

515 So. 2d 387, 1987 Fla. App. LEXIS 10998, 12 Fla. L. Weekly 2625

District Court of Appeal of Florida | Filed: Nov 13, 1987 | Docket: 64630860

Published

for each offense in this case pursuant to section 775.021(4), Florida Statutes (1985). After sentence

George v. State

509 So. 2d 972, 12 Fla. L. Weekly 1615, 1987 Fla. App. LEXIS 9143

District Court of Appeal of Florida | Filed: Jul 2, 1987 | Docket: 64628350

Published

v. State, 507 So.2d 638 (Fla. 5th DCA 1987); § 775.021(4), Fla.Stat. (1985). Appellant also contends

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

been reviewed and revised to conform it to section 775.021(4), Florida Statutes (1976), as amended thereafter

State v. Furr

493 So. 2d 432, 11 Fla. L. Weekly 357, 1986 Fla. LEXIS 2323

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 64621309

Published

instrument and is not a lesser included offense. See § 775.-021(4), Fla.Stat. (1983) and Linehan v. State, 476

Reynolds v. State

460 So. 2d 447, 9 Fla. L. Weekly 2480, 1984 Fla. App. LEXIS 16388

District Court of Appeal of Florida | Filed: Nov 28, 1984 | Docket: 64608621

Published

supra at 1060. Certainly, the provisions of Section 775.021(4), Florida Statutes (1981), do not suggest

Giddings v. State

442 So. 2d 336, 1983 Fla. App. LEXIS 24564

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 64601516

Published

offenses, it is the legislative intent of section 775.021(4), Florida Statutes (1977), that a separate

Baggett v. State

424 So. 2d 99, 1982 Fla. App. LEXIS 21920

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 64594376

Published

separate sentences was contrary to the provisions of § 775.021(4), Fla.Stat. (1979).1 We cannot agree. Aggravated

Marshall v. State

421 So. 2d 714, 1982 Fla. App. LEXIS 21658

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 64593146

Published

was separately sentenced for the crimes. See § 775.021(4), Fla.Stat. (1981).2 The finding as to count

Carpenter v. State

394 So. 2d 144, 1981 Fla. App. LEXIS 18611

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64580461

Published

of the law, the court should have applied section 775.-021(4), Florida Statutes (1979) and sustained

Hearns v. State

378 So. 2d 70, 1979 Fla. App. LEXIS 16225

District Court of Appeal of Florida | Filed: Dec 18, 1979 | Docket: 64573488

Published

statute with regard to this sentencing issue is Section 775.021(4), Florida Statutes (1976 Supp.): “(4) Whoever

Harris v. State

358 So. 2d 858, 1978 Fla. App. LEXIS 15573

District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 64564452

Published

1978). *859The appellee has referred us to Section 775.021(4), Florida Statutes (1976)1 but we have determined