Hussain v. State
67 So. 3d 307
Fla. Dist. Ct. App.2011Background
- Defendant Imran Hussain convicted of premeditated murder and robbery of Kalam and Chowdhury, Dollar Store owners and former employee terminated for theft/drug use.
- Nov 29, 2001: victims found dead in back room; both beaten; fire set on flammable objects; cash registers open with little change; Kalam’s checkbook and forged check taken.
- Counts III and IV charged armed robbery of Kalam and Chowdhury respectively, alleging money and/or company checkbook taken with force using heavy blunt object.
- Evidence did not establish more than a single taking; no witness testimony clarifying events; two victims in same room; items taken possibly from one or two takings; timing/intent uncertain.
- Court reversed one robbery conviction, remanding to vacate duplicate judgment; affirmed other issues; holding that the double jeopardy issue requires vacating one conviction and remanding for disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy for two armed robberies | State argues two separate takings occurred | Hussain argues only a single taking occurred | Conviction for one robbery vacated; remanded for vacatur of one conviction |
Key Cases Cited
- Brown v. State, 480 So.2d 446 (Fla. 1983) (two separate takings require separate intent/time even if ownership same)
- McKinney v. State, 51 So.3d 645 (Fla. 1st DCA 2011) (double jeopardy guidance for multiple convictions)
- Gordon v. State, 780 So.2d 17 (Fla.2001) (double jeopardy and multiple convictions analysis)