Davis v. State
74 So. 3d 1096
Fla. Dist. Ct. App.2011Background
- Davis was convicted of two counts of sexual battery, one count of burglary of a dwelling with an assault or battery, and one count of home-invasion robbery.
- All offenses arose from a single uninvited entry into the victim's home during one criminal episode.
- Davis's counsel filed an Anders brief; the court ordered supplemental briefing on potential double jeopardy issues.
- The State conceded error on the double jeopardy issue after review, prompting the court to consider appropriate relief.
- The court held burglary with an assault or battery is subsumed by home-invasion robbery, requiring vacation of the latter conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does double jeopardy bar the burglary with assault or battery and home-invasion robbery convictions? | Davis contends both convictions stem from the same episode. | State concedes the two offenses violate double jeopardy as one is subsumed by the other. | Yes; home-invasion robbery vacated; burglary with assault/battery stands. |
Key Cases Cited
- Gaber v. State, 684 So. 2d 189 (Fla. 1996) (double jeopardy analysis focuses on elements, not pleadings)
- Bowers v. State, 679 So. 2d 340 (Fla. 1st DCA 1996) (burglary with assault or battery subsumed by home-invasion robbery)
- Elmy v. State, 667 So. 2d 392 (Fla. 1st DCA 1995) (discussion of multiple burglary-related offenses in double jeopardy context)
- Perez v. State, 951 So. 2d 859 (Fla. 2d DCA 2006) (double jeopardy considerations for related offenses)
- Coleman v. State, 956 So. 2d 1254 (Fla. 2d DCA 2007) (multiple burglary convictions and double jeopardy implications)
- McAllister v. State, 718 So. 2d 917 (Fla. 5th DCA 1998) (recognition of home-invasion robbery as a form of burglary)