Benjamin v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that when “dual convictions of the same degree are found to violate double jeopardy, the proper remedy is to vacate the conviction and sentence on one of those counts.”
• applying Paul and holding that double jeopardy bars dual convictions for lewd or lascivious molestation (for touching the victim in the genital area) and lewd or lascivious conduct (for kissing the victim on the neck

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Sanders v. State
  District Court of Appeal of Florida· 2012-10-03· cited 20×
• James Tindal v. State
  District Court of Appeal of Florida· 2014-08-20· cited 9×
• Rimondi v. State
  District Court of Appeal of Florida· 2012-06-06· cited 6×
• Webb v. State
  District Court of Appeal of Florida· 2012-11-28· cited 5×
• JORDAN PALMER v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-06-13· cited 3×
• Kirk Ready v. State of Florida
  District Court of Appeal of Florida· 2016-01-20· cited 1×
• Jahman Whitfield v. State
  District Court of Appeal of Florida· 2016-10-28· cited 1×
• Jonathan Joseph Covello v. State
  District Court of Appeal of Florida· 2014-10-15
• John Patrick Fravel v. State of Florida
  District Court of Appeal of Florida· 2016-02-10
• Evans v. State
  District Court of Appeal of Florida· 2017-06-07
• Termitus v. Secretary, Department of Corrections
  M.D. Florida· 2017-03-24

Cites

9 cases in this archive are cited by this case.

• Blockburger v. United States
  Supreme Court· 1931-12-11· cited 10,676×
• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Alabama v. Smith
  Supreme Court· 1989-06-12· cited 1,589×
• Valdes v. State
  Supreme Court of Florida· 2009-01-30· cited 135×
• Gordon v. State
  Supreme Court of Florida· 2001-02-22· cited 89×
• State v. Paul
  Supreme Court of Florida· 2006-06-22· cited 78×
• M.P. v. State
  Supreme Court of Florida· 1996-10-10· cited 76×
• Trotter v. State
  Supreme Court of Florida· 2002-08-22· cited 49×
• Binns v. State
  District Court of Appeal of Florida· 2008-04-23· cited 24×