The 2023 Florida Statutes (including Special Session C)
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. . . S.Ct. 180, 76 L.Ed. 306 (1932), or whether multiple punishments are otherwise precluded under section 775.021 . . . Accordingly, we look to Blockburger, as codified at section 775.021(4), which provides: (a) Whoever, . . . State, 185 So. 3d 1207, 1210 (Fla. 2016) ("[T]he plain language of section 775.021(4)(a) ... requires . . . State, 780 So. 2d 17 (Fla. 2001), regarding how to analyze the exception in section 775.021(4)(b)(2). . . . Valdes does not address the exception in section 775.021(4)(b)(3), so the analysis of that exception . . .
. . . Stat. (1999) (emphasis added) (subsection (d) remains unaltered today); see also § 775.021(4)(a) & (b . . .
. . . See § 775.021(1), Fla. Stat. (2013). . . .
. . . language of the relevant statutes is clear, we do not resort to an analysis of the factors in section 775.021 . . . offenses can result from a single criminal transaction, then resort to the analysis outlined in section 775.021 . . . State , 515 So.2d 161, 167 (Fla. 1987) ("[T]he only purpose of section 775.021(4) is as an aid in determining . . .
. . . However, section 775.021(4), which was amended in 1988 by adding subsection (4)(b), see ch. 88-131, § . . . Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. § 775.021 . . . The cases relied upon by the trial court predate the 1988 amendment to section 775.021(4) and have no . . . Pursuant to section 775.021(4) and McCloud and its progeny, Buggs was properly sentenced separately for . . .
. . . To determine legislative intent in this case, both parties rely on section 775.021(4)(a), Florida Statutes . . .
. . . The State acknowledges Hawkins , but argues that dual burglary convictions are authorized by section 775.021 . . . Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. § 775.021 . . . More specifically, the State argues that none of the exceptions in section 775.021(4)(b) apply to this . . . Thus, sections 775.021(4)(b) 2. and 3. apply to this case. . . .
. . . simple battery because the offenses include different elements and none of the exceptions in section 775.021 . . . offenses which are lesser offenses, the statutory elements of which are subsumed by the greater offense. § 775.021 . . .
. . . . § 775.021(5), Fla. Stat. . . . Give if applicable. § 775.021(5)(b), Fla. Stat. . . . See § 775.021(5), Fla. Stat. 1. a. (Victim) is dead. b. . . .
. . . See § 775.021(1), Fla. Stat. (2006). . . .
. . . prohibit separate punishments," courts employ the Blockburger same-elements test, codified in section 775.021 . . .
. . . whether the Legislature authorized separate punishments for robbery and theft, it looked to section 775.021 . . . sentence for each criminal offense committed in the course of one criminal episode or transaction." § 775.021 . . . Id. § 775.021(4)(b) 3. . . .
. . . ." § 775.021(5)(e), Fla. Stat. (2014). . . .
. . . State , 110 So.3d 55, 58 (Fla. 2d DCA 2013) ("[U]nder section 775.021(4)(b)(2), an attempt to commit . . .
. . . defining malice in section 843.19(4) as actual malice, is consistent with the Rule of Lenity and section 775.021 . . . Section 775.021(1) states that "[t]he provisions of this code and offenses defined by other statutes . . .
. . . The rule of lenity, codified in section 775.021, Florida Statutes, requires that penal statutes be strictly . . .
. . . ." § 775.021(4)(a) Fla. Stat. (2009) (emphasis [added] ). . . . United States , 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), which is codified at section 775.021 . . . When a proper double jeopardy analysis is conducted in accordance with section 775.021(4)(b) and our . . . In Valdes , we held that section 775.021(4)(b) 2. . . . We reject that argument, because it directly contravenes the plain language of section 775.021(4)(b) . . . As I have previously stated, " section 775.021(4), Florida Statutes -which requires a double jeopardy . . .
. . . See § 775.021(1), Fla. Stat. (2017) ; see also Crews v. State , 183 So.3d 329, 333 (Fla. 2015). . . . two different, reasonable interpretations of the statute, the rule of lenity, as expressed in section 775.021 . . . Crews , 183 So.3d at 333 (quoting § 775.021(1), Fla. Stat. (2014) ). . . .
. . . sections 1 and 3, and chapter 2017-107, sections 1-2, Laws of Florida, amending sections 943.0435 and 775.021 . . .
. . . The Florida Legislature did so when it enacted section 775.021(4)(a), Florida Statutes (2015), which . . . Id. § 775.021(4)(b). . . . Similarly, whether section 775.021(4)(a) precludes dual convictions and sentences on undisputed facts . . . Section 775.021(4)(a) is a codification of the "same elements" test enunciated in Blockburger v. . . . This exception under section 775.021(4)(b) 2. prohibits a defendant from being punished for violating . . .
. . . See § 775.021(1), Fla. Stat. (2016) ; Paul v. State, 129 So.3d 1058, 1064 (Fla. 2013). . . .
. . . State , 126 So.3d 1183, 1183 (Fla. 4th DCA 2012) (quoting § 775.021(4)(b)(1), Fla. Stat. (2016) ). . . .
. . . State, 364 So.2d 497, 500 (Fla. 2d DCA 1978) (citing § 775.021(4), Fla. . . . (citing § 775.021(4), Fla. Stat. (1979) ). Hegstrom was subsequently overruled by State v. . . .
. . . interpretations, we would apply, as a canon of last resort, the rule of lenity provided in section 775.021 . . .
. . . petitioner argues that the trial court departed from the essential elements of law by using section 775.021 . . . years based on the court's ability to structure sentences consecutively in accordance with section 775.021 . . . (4) for seven years, see section 775.021(4), Florida Statutes (1976), and singular versions of words . . . The petitioner urges us to apply the rule of lenity, which is codified in section 775.021(1). . . . Based on the foregoing, we find that the Legislature intended section 775.021(4)(a) to be applied when . . .
. . . If a criminal statute is ambiguous, we would normally apply the rule of lenity in section 775.021(1), . . .
. . . Weeks , 202 So.3d 1, 10 (Fla. 2016) (citing section 775.021(1), Florida Statutes ). . . .
. . . . § 775.021(4)(b), Fla. Stat. Pizzo v. State , 945 So.2d 1203, 1206 (Fla. 2006). . . . Specifically, section 775.021, "Rules of construction," provides in relevant part: (4)(a) Whoever, in . . . Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. § 775.021 . . . Section 775.021(4) expressly states an inherent desire to punish under separate statutory schemes unless . . . In looking at the statutory construction in line with section 775.021(4), to allow convictions for both . . .
. . . Double jeopardy is governed by section 775.021, Florida Statutes, which codified the Blockburger "same . . . that the other does not, without regard to the accusatory pleading or the proof adduced at trial. § 775.021 . . . "Under the basic rule of Blockburger and section 775.021(4)(a), if 'each offense requires proof of an . . . See § 775.021(4)(a), Fla. Stat. . . .
. . . The Blockburger test is codified in section 775.021, Florida Statutes (2012), to determine whether separate . . .
. . . (double jeopardy clause); § 775.021(4)(b)(3), Fla. . . .
. . . only violate the single homicide rule but also violate the Blockburger test as codified in section 775.021 . . . I write to discuss the proper application of the Blockburger test as set forth in section 775.021(4). . . . State, No. 2D16-469, 227 So.3d 1254, 2017 WL 4272109 (Fla. 2d DCA Sept. 27, 2017) (citing § 775.021(4 . . . See § 775.021(4). . . . Because these two offenses do not pass the Blockburger test as codified in section 775.021(4), it is . . . The legislature has codified the double jeopardy bar within section 775.021(4)(a)-(b), Florida Statutes . . . Section 775.021(4)(a)-(b) is, at its core, a recitation of the well-known Blockburger test. . . . The plain and ordinary language of section 775.021(4) unambiguously states that it is the legislature . . . Accordingly; these two offenses satisfy the statutory Blockburger test set forth in section 775.021(4 . . . No part of section 775.021 instructs courts to utilize the single homicide rule as though it were the . . .
. . . Stat. (2014); § 775.021(5)(e), Fla. Stat. (2014). . . . Also effective October 2014, a new rule of construction was added to -section 775.021, Florida Statutes . . . Stat. (2014); § 775.021(5)(e), Fla. Stat. (2014). . . .
. . . United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see also § 775.021(4)(a), Fla. . . .
. . . Under section 775.021(4)(a), Florida Statutes (2014), “[wjhoever, in the course of one criminal transaction . . . offense, we first consider whether the convictions arose from the same criminal transaction or episode. § 775.021 . . . predicated on distinct acts.’ ” Lee, 223 So.3d at 348 (quoting Partch, 43 So.3d at 760); see also § 775.021 . . . See § 775.021(4)(a). . . . .” § 775.021(4)(a). . . .
. . . does not address: neither the protection against double jeopardy, nor the requirements of section ¡ 775.021 . . . defendant claiming a multiple-punishment violation under either the Double Jeopardy Clause or section 775.021 . . . for the double-jeopardy violation is not available until multiple convictions are imposed. .Section 775.021 . . . States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932),] ‘same-elements’ test pursuant to section 775.021 . . . Moreover, section 775.021(4) speaks in terms of "conviction,” "adjudication of guilt,” and "sentence. . . . The “Blockburger test” is codified in Florida in section 775.021(4), Florida Statutes, which provides . . . Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. § 775.021 . . . Florida Supreme Court held, that Shelley’s dual conviction violated the Blockburger test in section 775.021 . . . See § 775.021(4). . . . See § 775.021(4)(a), Fla. Stat. In Capron v. . . . after solicitation, the offenses are the same” for purposes of the double jeopardy test in section 775.021 . . .
. . . convictions and punishments are for “the same offense” or separate offenses is codified in section 775.021 . . . Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. § 775.021 . . . soliciting a minor) “the same for purposes of the Blockburger same-elements test codified in section 775.021 . . .
. . . based on distinct acts, whether the two convictions “survive a same elements test as (Mined by section 775.021 . . .
. . . convictions arose from the same acts and because felony battery “wholly subsumes battery”); see also § 775.021 . . .
. . . authorize separate punishments for two crimes, courts employ the Block-burger test, as codified in section 775.021 . . . Section 775.021(4), Florida Statutes (2016), provides as follows: (4)(a) Whoever, in the course of one . . . offenses when faced with a double jeopardy violation, this Court has stated that based upon section 775.021 . . . Further, section 775.021(4)(b)(3) itself states that lesser offenses are “the statutory elements . of . . . adjudication of the defendant as guilty for both offenses would violate double jeopardy and section 775.021 . . .
. . . . § 775.021(4)(a). . . .
. . . Finally, we reject the suggestion that the rule of lenity in section 775.021(1), Florida Statutes, requires . . .
. . . . § 775.021(4), Fla. Stat. (2009) (emphasis supplied). . . . “Where even a single act constitutes multiple separate criminal offenses, as defined in section 775.021 . . . offender must be sentenced separately for each offense unless one of the three exceptions in section 775.021 . . . The subsumed-within exception of section 775.021(4)(b)3, applies “only if the greater offense necessarily . . . We have recognized that, under the section 775.021(4)(b)3 exception, a simple assault or a simple battery . . .
. . . . § 775.021(5), Fla. Stat. . . . Give if applicable. § 775.021(5)(b), Fla. Stat. . . . Stat. § 775.021(5), Fla. Stat. . . . Give if applicable. § 775.021(5) (b), Fla. Stat. . . .
. . . State, 957 So.2d 625, 630 (Fla. 2007)); see § 775.021(4) (providing that a sentencing judge may order . . .
. . . . § 775.021(4)(a) (“Whoever, in the course of one criminal transaction or episode, commits an act or . . . United States, 220 U.S. 338, 342, 31 S.Ct. 421, 55 L.Ed. 489 (1911)); see also § 775.021(4)(a) (“[0]f-fenses . . . Ortiz-Medina relied solely on James which interpreted the 1977 version of section 775.021(4). . . .
. . . Section 775.021(4)(a) unequivocally provides: Whoever, in the course of one criminal transaction or episode . . . offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. § 775.021 . . . We concluded that notwithstanding subsection 775.021(4), Florida Statutes (1981), which — like the current . . . legislature intended such a result as the sentence under review here when it added subsection (4) to section 775.021 . . . imposed on the unfettered discretion to impose consecutive sentences that is expressly granted by section 775.021 . . .
. . . United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); § 775.021(4), Fla. . . .
. . . This Court reasoned that both pairs of convictions ran afoul of section 775.021(4)(b)2., Florida Statutes . . .
. . . solicitation, the offenses are the same for purposes of the Blockburger same-elements test codified in section 775.021 . . .
. . . Under the rule of lenity codified in section 775.021(1), this definition must “be strictly construed. . . . is susceptible of differing constructions,” it must “be construed most favorably to the accused.” § 775.021 . . . State, 973 So.2d 1107, 1111 (Fla.2007) (quoting § 775.021(1), Fla. Stat. (2002)). . . . This extremely important statutory canon is codified in section 775.021(1), Florida Statutes (2012), . . . is susceptible of differing constructions, it shall be construed most favorably to the accused.” § 775.021 . . .
. . . Here, the Court set forth the test that would later be codified in section 775.021(4)(a), Florida Statutes . . .
. . . Id. at 143 (footnote omitted) (citing § 775.021(4)(b)3., Fla. Stat. (2011)). . . . United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932)] same-elements test codified in section 775.021 . . .
. . . . § 775.021(4)(a), Fla. Stat. (2013); Jackson v. . . .
. . . As such, it is subject to the rule of construction prescribed by the legislature in section 775.021(1 . . .
. . . criminal episode, we must next decide if the charges survive a same elements test as defined by section 775.021 . . .
. . . See 4 775.021(1), Fla. Stat. (2014); Kasischke v. . . .
. . . United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932) (codified in § 775.021(4), Fla. . . .
. . . See also § 775.021(4)(a)-(b), Fla. Stat. (1995); Roughton v. . . . So.2d 1206 (Fla.1997) and holding that “a double jeopardy analysis must — in accordance with section 775.021 . . .
. . . The lenity principle codified at section 775.021(l)-(2), Florida . . . .
. . . . §. 775.021(5), Fla. Stat. . . . Stat. § 775.021(5), Fla. . . . Give if applicable. § 775.021(5)(b), Fla, Stat. . . .
. . . One statute that plainly controls in this case is section 775.021(1), Florida Statutes (2014), which . . . If this is true — and it surely is— then we are plainly directed by section 775.021(1) to read the statute . . . The majority seeks to avoid section 775.021(1) by casting the plain reading of the statute as unreasonable . . .
. . . .” § 775.021(1), Fla. Stat. . . . State, 711 So.2d 524, 524 (Fla.l998));: see also § 775.021(4)(a), Fla. . . . State, 394 So.2d 1046, 1050 (Fla. 4th DCA 1981) (“[I]t is clear that Section 775.021(4), Florida Statutes . . .
. . . 1068 (Fla.2009) (receding from precedent that applied the “primary evil” test to interpret section 775.021 . . .
. . . Our analysis turns on the rule of construction in section 775.021(4), Florida Statutes (2008); regarding . . . United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932), and codified in section 775.021( . . . Under the basic rule of Blockburger and section 775.021(4)(a), if “each offense requires proof of an . . . And section 775.021(4) requires analysis based on the formal elements of the crimes. . . . ](1) to determine legislative intent.” § 775.021(4)(b),‘ Fla. . . . Thus, section 775.021(4)(a), Florida Statutes — -which requires a double jeopardy analysis to be conducted . . .
. . . United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), which has been codified in section 775.021 . . . The next question then is whether, under section 775.021(4), double jeopardy applies to bar the dual . . . Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. § 775.021 . . . because all the elements of soliciting are included in the traveling offense, it appears that section 775.021 . . . solicitation, the offenses are the same for purposes of the Blockburger same-elements test codified in section 775.021 . . .
. . . See § 775.021(1), Fla. Stat. . . .
. . . . §§ 775.021(3)(c), 921.1402(2)(d), Fla. Stat. (2014). REVERSED AND REMANDED WITH INSTRUCTIONS. . . .
. . . Kasischke, 991 So.2d at 814 (citing section 775.021(1), Florida Statutes). . . . generally accepted principles of statutory construction and by the rule of lenity set forth in section 775.021 . . . The rule of lenity, as expressed in section 775.021(1), applies when a statute is “susceptible of differing . . . See § 775.021(1), Fla. . . .
. . . The court also held that pursuant to Pizzo and section 775.021(4)(b)3., Florida Statutes (2010), which . . . United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), in section 775.021(4), Florida Statutes . . . United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see § 775.021(4), Fla. . . . provided by statute, and lesser offenses which have elements wholly subsumed by the greater offense. § 775.021 . . . adjudication of the defendant as guilty for both offenses would violate double jeopardy and section 775.021 . . . conviction must be set aside, the majority purports to rely on the “plain and ordinary meaning” of section 775.021 . . .
. . . Chubbuck, 141 So.3d 1163, 1170 (Fla.2014); see also § 775.021(1), Fla. . . .
. . . .” § 775.021(1), Fla. Stat. (2014); see Thompson v. State, 695 So.2d 691, 693 (Fla.1997). . . .
. . . Homicide does not specifically provide for a separate offense for death of an unborn child, section 775.021 . . . See § 775.021(5), Fla. Stat. 1. a. (Victim) is dead. b. . . . Section 775.021(5) provides as follows: Whoever commits an act that violates a provision of this code . . . not otherwise specifically provide a separate offense for such death or injury to an unborn child. § 775.021 . . .
. . . solicitation, the offenses are the same for purposes of the Blockburger same-elements test codified in section 775.021 . . .
. . . As stated in section 775.021, “The provisions of this code and offenses defined by other statutes shall . . . is susceptible of differing constructions, it shall be construed most favorably to the accused.” § 775.021 . . .
. . . that Appellant committed two separate crimes for the purpose of evaluating the application of section 775.021 . . . The trial court is required by section 775.021(4)(a) to sentence a defendant separately on each charge . . .
. . . Section 775.021(4), Florida Statutes (2011), expresses the Legislature’s intention that a defendant be . . . ojffenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.” § 775.021 . . . See § 775.021(4)(b)(3). The remedy is to vacate the conviction for the lesser offense. . . .
. . . Tuttle addressed the issue of how to determine a lesser offense under section 775.021(4)(b)(3), Florida . . . conflict, Schoonover mistakenly asserts that this court found a double jeopardy violation under section 775.021 . . . ), Florida Statutes, specifically under his erroneous “degree variant” argument pursuant to section 775.021 . . . However, our opinion did not address Schoonover’s double jeopardy arguments under section 775.021(4)( . . . Because our decision emanated from the above analysis, not from section 775.021(4)(b), it was not necessary . . .
. . . whether separate punishments for the two convictions violate the Blockburger test, as codified in section 775.021 . . .
. . . Section 775.021(4), Florida Statutes (2007), which codifies the test established in Blockburger v. . . . element that the other does not, the court must then determine if one of the exceptions set forth in 775.021 . . . State, 572 So.2d 522, 526 (Fla. 5th DCA 1990); see also § 775.021(4)(a), Fla. . . . Applying the test of section 775.021(4)(a), Florida Statutes (2007), to these elements, “each offense . . . that we should consider the two statutes as “degree .variants” of the same offense pursuant to section 775.021 . . .
. . . .” § 775.021(1), Fla. . . . Rodriguez and the language of section 775.087(1) lies “language susceptible of differing construction.” § 775.021 . . . . § 775.021(1), Fla. Stat. (1981); Houck v. . . .
. . . States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932),] ‘same-elements’ test pursuant to section 775.021 . . . solicitation, the offenses are the same for purposes of the Blockburger same-elements test codified in section 775.021 . . . See § 775.021(4)(a), Fla. . . .
. . . See § 775.021(4)(a) (codifying the Blockburger test: “offenses are separate if each offense requires . . . of the lesser included offense are always subsumed within those of the charged offense”); see also § 775.021 . . .
. . . . § 775.021(1), Fla. Stat. Biller, 109 So.3d at 1241. The court reversed appellant’s convictions. . . .
. . . See § 775.021(1), Fla. Stat. (1991); Scates v. State, 603 So.2d 504 (Fla.1992); Lambert v. . . .
. . . . § 775.021(4)(b)(l); Blockburger, 284 U.S. at 304, 52 S.Ct. at 182. . . . Stat. § 775.021(4)(b); see Fla. . . . . § 775.021(4)(a) ("Whoever, in the course of one criminal transaction or episode, commits an act or . . .
. . . Mizner’s convictions would not withstand scrutiny under a Blockburger analysis, as codified in section 775.021 . . . Section 775.021(4) provides in pertinent part as follows: (b) The intent of the Legislature is to convict . . .
. . . See § 775.021(4), Fla. Stat. (2009); Blockburger v. . . .
. . . Neither the battery statute, nor section 775.021(4), Florida Statutes, permits multiple convictions and . . .
. . . Section 775.021(4)(a), Florida Statutes (2009), requires the use of the Bloekbwrger “same elements” test . . . that the other does not, the court must then determine if one of the exceptions set forth in section 775.021 . . .
. . . Without a specific statement of legislative intent, we must apply the Block-burger analysis under section 775.021 . . .
. . . The Block-burger test, as codified in section 775.021(4)(a), Florida Statutes (2014), considers offenses . . .