Arrestable Offenses / Crimes under Fla. Stat. 812.135
CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...Definitions A "firearm" is legally defined as (adapt from F.S.
790.001(6) as required by allegations). A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. (14) HOME INVASION ROBBERY F.S.
812.135 [New] Before you can find the defendant guilty of home-invasion robbery, the State must prove the following three elements beyond a reasonable doubt: Elements 1....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 496162
...Before leaving, the robbers tied up both Ginder and Elmore. We vacate appellant's convictions for home-invasion robbery. Initially, Appellant was convicted of two counts of home-invasion robbery that arose out of appellant's entry into a single dwelling occupied by its two owners. Section 812.135, Florida Statutes (1995), defines home-invasion robbery as "[a]ny robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein." As the state properly...
...Accordingly, only one count of home-invasion robbery properly could be charged. Second, the home-invasion robbery convictions are vacated because the crime of burglary with assault is subsumed by the offense of home-invasion robbery. See §§
775.021,
810.02(1),
810.02(2)(a),
812.135,
812.13(1), Fla.Stat....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2001 WL 314524
...Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, R.B., J. Raymond Mendez, Jr. (Mendez), appeals his convictions for home invasion robbery *750 in violation of section
812.135, Florida Statutes (1998), burglary of a dwelling with an assault and/or battery, in violation of sections
810.02(1) and
810.02(2)(a), Florida Statutes (1998) and attempted sexual battery in violation of section
794.011(5) and section
777.04, Florida Statutes (1998)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2853149
...Because this error has not been preserved, we affirm without prejudice to Mr. Young's right to file an appropriate postconviction motion. On October 29, 2003, Mr. Young was adjudicated guilty in case number CF02-06478A-XX of the first-degree felony of home-invasion robbery, a violation of section 812.135, Florida Statutes (2002)....
...hich he or she was found guilty." §
958.14, Fla. Stat. (2002). At the time Mr. Young committed the original offense, home-invasion robbery was a first-degree felony punishable by a maximum sentence of thirty years' imprisonment. §§
775.082(3)(b),
812.135(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1544120
...On remand, the trial court must strike at least one of the burglary convictions. See Grubb,
940 So.2d at 1170. Coleman next argues that his convictions and sentences for home-invasion robbery and burglary of a dwelling with assault or battery violate double jeopardy. Section
812.135(1), Florida Statutes (2003), states the following: "`Home-invasion robbery' means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein." Se...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 373626
...Morales entered a guilty plea to home-invasion robbery and contends on *680 appeal that the trial court erred by denying, without a hearing, his oral motion to withdraw plea before sentencing. We reverse and remand for a hearing on his motion to withdraw plea. The State charged Morales under section 812.135(2)(a), Florida Statutes (2006), with home-invasion robbery with a firearm, a first-degree felony punishable by a term of years not exceeding life imprisonment....
...The form indicates that the parties agreed to a ten-year prison sentence, and a discussion during the plea colloquy confirmed that the plea was for the reduced charge of home-invasion robbery "involving a deadly weapon not a firearm." However, the prosecutor and the trial court referred to section 812.135(2)(b), which addresses home-invasion robbery with a weapon rather than a firearm or a deadly weapon. The scoresheet describes the crime as home-invasion robbery and cites to section 812.135, but it makes no reference to the use of any firearm, deadly weapon, or weapon. Later in the hearing, the State advised the trial court that the applicable statute was section 812.135(2)(a), not 812.135(2)(b). Thus, there appeared to be some confusion regarding which offense in section 812.135(2) was the subject of the parties' plea agreement....
...sentencing. Therefore, we reverse and vacate Morales' sentence, and we remand for the trial court to conduct a hearing on his motion to withdraw plea. Reversed and remanded. DAVIS, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur. NOTES [1] Section 812.135(2)(a) applies to home-invasion robbery with "a firearm or other deadly weapon." [2] We note that the written judgment reflects the conviction is pursuant to section 812.135(2)(c), which is home-invasion robbery with no weapon, a first-degree felony.
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2014 WL 481180, 2014 Fla. App. LEXIS 1671
...wo offenses. Id. This analysis dictates our resolution here. Home invasion robbery is defined as a “robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.” § 812.135(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31322534
...State v. DiGuilio,
491 So.2d 1129, 1135 (Fla. 1986). [2] §
812.133(1), Fla. Stat. (2000). [3] §
810.02(1), Fla. Stat. (2000). [4] §
316.1935, Fla. Stat. (2000). [5] In reaching this conclusion, we note a distinction between the home invasion robbery of section
812.135(1), which subsumes the offense of a burglary by requiring, as an element, an entry into a dwelling with the intent to commit a robbery, and the carjacking offense of section
812.133(1), which merely requires the taking of a motor vehi...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13824, 2011 WL 3849615
...Burglary of a dwelling with an assault or battery is subsumed by home-invasion robbery, such that convictions of both offenses arising from a single criminal episode violate the principles of double jeopardy. Compare §
810.02(1)(b), (2)(a), Fla. Stat. (2009), with §
812.135(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1808501
...e attempts on the lives of Richard Kirkendall, Kenny Kirkendall, and Robert Kirkendall. He was also convicted of one count of armed burglary of a dwelling under section
810.02, Florida Statutes (2005), and two counts of attempted armed robbery under section
812.135, Florida Statutes (2005) (the home-invasion robbery statute), for attempts to take money from Richard Kirkendall and Kenny Kirkendall....
...We also conclude that it was error to convict and sentence him on both armed burglary of a dwelling and attempted armed robbery/home-invasion robbery. We affirm all other aspects of Schulterbrandt's convictions and sentences. Schulterbrandt was convicted of two counts of attempted home-invasion robbery with a firearm under section 812.135 for his attempts to take money from Richard and Kenny Kirkendall during a single home invasion of the Kirkendalls' home. On appeal, Schulterbrandt argues that convicting him of two counts of attempted home-invasion robbery based on a single home entry violated double jeopardy principles. We agree. Section 812.135(1) provides: "Home-invasion robbery" means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 2396496
...me-invasion robbery offenses of two victims from the same criminal episode violated double jeopardy. We agree and reverse the conviction for attempted home-invasion with a firearm with directions that the conviction be vacated. Otherwise, we affirm. Section 812.135, Florida Statutes (2001), the home-invasion robbery statute reads as follows: (1) "Home-invasion robbery" means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein....
...5th DCA 2004), review denied,
894 So.2d 970 (Fla.2005); Rios v. State,
791 So.2d 1208, 1210 (Fla. 5th DCA 2001). Only one count of home-invasion robbery may properly be charged for the entry into a single dwelling occupied by its two owners. See Bowers v. State,
679 So.2d 340, 341 (Fla. 1st DCA 1996) (holding section
812.135 "clearly contemplates a single entry into a dwelling and the ensuing robbery of one or more occupants")....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 4426377
...the scoresheet’s designation of the home invasion robbery with a firearm
as a life felony. This was erroneous, as is the judgment of conviction
identifying the offense as a life felony, because the offense was a first
degree felony punishable by life. § 812.135(2)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 397211
...record conclusively refuting the claim and otherwise affirm the denial of his post-conviction motion. Affirmed in part, Reversed in part, and Remanded. POLEN, GROSS and HAZOURI, JJ., concur. NOTES [1] Home invasion robbery is a first degree felony, § 812.135(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 166792
...e Court held to be unconstitutional in Heggs v. State,
759 So.2d 620 (Fla.2000). We reverse and remand for resentencing. On June 23, 1997, Pantle pleaded guilty in case number 96-20055 to home-invasion robbery, a first-degree felony, in violation of section
812.135, Florida Statutes (1995), and in case number 97-04681 to possession of a controlled substance, a third-degree felony, in violation of section
893.13, Florida Statutes (1995)....
...Although the record is sparse in this case, it appears that Pantle is entitled to resentencing. In the unconstitutional chapter 95-184, Laws of Florida, the legislature *1140 amended the offense severity ranking chart to add home-invasion robbery, a first-degree felony under section 812.135, as a level 8 offense....
...However, there is some indication in the record that Pantle's offense was home-invasion robbery with a weapon or firearm. His judgment states only home-invasion robbery and lists the offense as a first-degree felony, but under statute number the judgment lists "
812.135/775.087." Section
775.087 is an enhancement statute for use of a weapon or firearm and would result in a life felony rather than a first-degree felony which, in turn, would result in a level 10 offense rather than a level 7 offense under section 921.0013, Florida Statutes (1993)....
CopyPublished | Florida 3rd District Court of Appeal
...That conviction was vacated by the trial court
pursuant to a motion filed under Florida Rule of Criminal Procedure 3.850
2
Jackson was convicted of home-invasion robbery while carrying a
firearm under section 812.135, Florida Statutes (2007)....
...invasion robbery while carrying a firearm and aggravated assault with a
firearm.
The statutory elements for home-invasion robbery while carrying a
firearm or other deadly weapon require only that the defendant carry, not use
or display, a firearm. § 812.135(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...ten off of a plane and
would fax a copy of her membership card in the organization to prove she
2
A “Jimmy Ryce” trial is a proceeding to determine if a defendant should be
involuntarily committed for treatment as a sexually violent predator. § 812.135,
Fla....
...home invasion robbery and burglary of a dwelling and determined:
Home invasion robbery is defined as a “robbery that occurs
when the offender enters a dwelling with the intent to commit
a robbery, and does commit a robbery of the occupants
therein.” § 812.135(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 18044, 2007 WL 3342068
...R CURIAM. We affirm appellant’s judgment and sentence but remand for correction of scrivener’s errors contained in the written judgment. The judgment erroneously lists Appellant’s first offense as “home invasion robbery with firearm” under section 812.135(2)(a), the 2005 version, when the correct statutory citation and title of the offense is “home invasion robbery” under section 812.135(2)(a), Florida Statutes (2003)....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 856717, 2013 Fla. App. LEXIS 3762
PER CURIAM. In this Anders 1 appeal, we affirm the judgment and sentence but remand for the trial court to correct the judgment to reflect a conviction for home-invasion robbery pursuant to section 812.135(2)(a), Florida Statutes (2009)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 934123, 2012 Fla. App. LEXIS 4445
...In CRC09-020773CF, Reyes was charged with two counts of sexual battery, in violation of section
794.011(3), Florida Statutes (2009), life felonies; burglary with a battery, in violation of section
810.02(2)(a), Florida Statutes (2009), a first-degree felony punishable by life; and home invasion robbery, in violation of section
812.135(2)(c), Florida Statutes (2009), a first-degree felony....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 10317, 2011 WL 2578571
PER CURIAM. In this Anders appeal, we affirm the imposition of judgment and sentence. However, we remand for the correction of a scrivener’s error. In case 09-1298, the appellant was convicted of armed robbery pursuant to section
812.13(2)(a), not section
812.135 as listed....
CopyPublished | Florida 2nd District Court of Appeal
...)
___________________________________)
Opinion filed June 20, 2018.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Hillsborough County; Michelle
Sisco, Judge.
Felix S. Vann, Jr., pro se.
PER CURIAM.
Affirmed. See § 812.135(2)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal
...the scoresheet’s designation of the home invasion robbery with a firearm
as a life felony. This was erroneous, as is the judgment of conviction
identifying the offense as a life felony, because the offense was a first
degree felony punishable by life. § 812.135(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19603, 2014 WL 6775312
...Here, the jury had not yet
been instructed, and there would have been little disorder to the process
3
A “Jimmy Ryce” trial is a proceeding to determine if a defendant should be
involuntarily committed for treatment as a sexually violent predator. § 812.135,
Fla....
CopyPublished | Supreme Court of Florida
...Giye if applicable.
If you find the defendant guilty of the crime of h§ome-ilnvasion
rBobbery, you must further determine beyond a reasonable doubt if §in the
course of committing the hHome-ilnvasion l=Bobberyj2 the defendant carried
some kind of Weapon.
With afirearm. § 812.135(2)(a), Fla....
...irearm unless the antique
firearm is used in the commission of a crime. An antique firearm is (insert
definition in §
790.001(1), Fla. Stat.)] [A destructive device is ( insert definition in
§ 790. 001 (4 ), Fla. Stat.)]
20
With a deadly weapon. §
812.135(2)(a), Fla....
...way likely to produce death or great bodily harm.
Wheeler y. State,
203 So. 3d 1007 (Fla. 4th DCA 2016).
“Great bodily harm” means great as distinguished from slight, trivial,
minor, or moderate harm, and as such does not include mere bruises.
With other weapon. §
812.135(2)(b), Fla....
...the hHome-ilnvasion
rBobbery, you should find [him] [her] guilty of hHome-ilnvasion rBobbery
with a weapon.
A “Weapon” is defined to mean any object that could be used to cause
death or inflict serious bodily harm.
With nofirearm or weapon. § 812.135(2)(c), Fla....
...Stat.
If you find that the defendant carried no firearm or Weapon in the
course of committing the-hHome-ilnvasion rBobbery, but did commit the
hHome-ilnvasion rBobbery, you should find [him] [her] guilty only of h§ome-
ilnvasion rBobbery.
{( ll
21
Lesser Included Offenses
fHOME INVASION ROBBERY _ 812.135
lf applicable, see lnstruction 5.1 for “attempt.”
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida
...Give if applicable.
If you find the defendant guilty of the crime of hHome-iInvasion
rRobbery, you must further determine beyond a reasonable doubt if “in the
course of committing the hHome-iInvasion rRobbery,” the defendant carried
some kind of weapon.
With a firearm. § 812.135(2)(a), Fla....
...firearm is used in the commission of a crime. An antique firearm is (insert
definition in §
790.001(1), Fla. Stat.)] [A destructive device is (insert definition in
§
790.001(4), Fla. Stat.)]
20
With a deadly weapon. §
812.135(2)(a), Fla....
...way likely to produce death or great bodily harm.
Wheeler v. State,
203 So. 3d 1007 (Fla. 4th DCA 2016).
“Great bodily harm” means great as distinguished from slight, trivial,
minor, or moderate harm, and as such does not include mere bruises.
With other weapon. §
812.135(2)(b), Fla....
...iInvasion
rRobbery, you should find [him] [her] guilty of hHome-iInvasion rRobbery
with a weapon.
A “weapon” is defined to mean any object that could be used to cause
death or inflict serious bodily harm.
With no firearm or weapon. § 812.135(2)(c), Fla....
...guilty only of hHome-
iInvasion rRobbery.
If applicable, see Instruction 5.1 for “attempt”.
21
Lesser Included Offenses
*HOME INVASION ROBBERY — 812.135
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 3rd District Court of Appeal
...We remand, however, so that the trial court may
render the written statutory findings necessary under section
948.06(8)(e),
Florida Statutes (2021).
Gonzalez was on probation in six separate cases for various charges,
including armed home invasion robbery under section
812.135, Florida
Statutes, and aggravated stalking under section
784.048(4), Florida
Statutes....
CopyPublished | Florida 1st District Court of Appeal
...Because each of the grounds asserted for relief is
either meritless or refuted by portions of the record that were
attached to the order, I concur with the affirmance.
Appellant was charged as a Principal to Home Invasion
Robbery with a Deadly Weapon in violation of sections
777.011 and
812.135, Florida Statutes, and Child Abuse by Intentional Act that
Could Reasonably be Expected to Result in Physical or Mental
Injury in violation of section
827.03, Florida Statutes....
...1st DCA 2010) (“By entering a plea
to the charges, Appellant waived his right to have counsel
investigate or put forward a defense....”). Additionally, the claim is
refuted by the record, which includes the stipulated fact that
Appellant’s co-defendants stole the victim’s guns. See §
812.135(2)(a), Fla....
