Donovan v. State

How courts have described this case

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

• holding that defendant could not be convicted of both organized fraud and theft for same act without double jeopardy violation, for elements of theft are all included in elements of organized fraud
• holding that double jeopardy was violated where “[t]he elements of theft are all included in the elements of organized fraud even though identical terminology is not used in the two statutes”
• holding that double jeopardy was violated where “[t]he elements of theft are all included in the elements of organized fraud even though identical terminology is not used in the two statutes”
• holding defendant’s convictions for organized fraud, forgery, and uttering false instruments were proper, but that he cannot also be lawfully convicted of theft
• reversing where the State “unjustifiably tried to chop various components of a single pattern into separate patterns”
• reversal of convictions for lesser offenses allows for resentencing on the greater offense

Source: CourtListener parenthetical corpus (CC0).

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

• Pizzo v. State
  Supreme Court of Florida· 2006-12-21· cited 112×
• State v. Ball
  New Jersey Superior Court App Division· 1993-08-06· cited 62×
• Bailey v. State
  District Court of Appeal of Florida· 2009-11-06· cited 17×
• Sewall v. State
  District Court of Appeal of Florida· 2001-04-20· cited 15×
• Wright v. State
  District Court of Appeal of Florida· 1991-01-29· cited 14×
• Cherry v. State
  District Court of Appeal of Florida· 1991-12-18· cited 13×
• Pizzo v. State
  District Court of Appeal of Florida· 2005-07-22· cited 11×
• State of Florida v. Timothy W. Tuttle, Jr.
  Supreme Court of Florida· 2015-11-12· cited 11×
• Ross v. State
  District Court of Appeal of Florida· 1995-12-27· cited 10×
• Hope v. State
  District Court of Appeal of Florida· 1991-10-10· cited 8×
• Louberti v. State
  District Court of Appeal of Florida· 2005-02-09· cited 7×
• Sibley v. State
  District Court of Appeal of Florida· 2007-05-11· cited 6×
• Wilfred A. Brown v. State of Florida
  District Court of Appeal of Florida· 2015-07-29· cited 6×
• Newton v. State
  District Court of Appeal of Florida· 2010-03-24· cited 5×
• Winokur v. State
  District Court of Appeal of Florida· 1992-08-05· cited 5×
• Batten v. State
  District Court of Appeal of Florida· 1991-12-06· cited 4×
• Wanner v. State
  District Court of Appeal of Florida· 1996-01-24· cited 3×
• Reyes v. State
  District Court of Appeal of Florida· 2004-11-24· cited 2×
• Saddler v. State
  District Court of Appeal of Florida· 2006-02-23· cited 2×
• Cooks v. State
  District Court of Appeal of Florida· 2018-06-28· cited 2×

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

• Blockburger v. United States
  Supreme Court· 1931-12-11· cited 10,676×
• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Carawan v. State
  Supreme Court of Florida· 1987-09-03· cited 474×
• Jenkins v. State
  Supreme Court of Florida· 1984-01-19· cited 460×
• Mays v. State
  Supreme Court of Florida· 1988-02-04· cited 160×
• Bell v. State
  Supreme Court of Florida· 1983-06-09· cited 106×
• United States v. Samuel J. Russotti, Rene Piccarreto, Richard J. Marino, and Thomas E. Marotta
  Second Circuit· 1983-08-29· cited 85×
• State v. Barton
  Supreme Court of Florida· 1988-03-31· cited 77×
• Bull v. State
  Supreme Court of Florida· 1989-09-14· cited 74×
• United States v. Frank Dean
  Eighth Circuit· 1982-01-06· cited 63×
• United States v. Frank Dean
  Eighth Circuit· 1981-04-17· cited 46×
• State v. Carpenter
  Supreme Court of Florida· 1982-07-29· cited 46×
• Harriel v. State
  Supreme Court of Florida· 1988-02-25· cited 43×
• United States v. Benjamin Ruggiero and John Cerasani
  Eleventh Circuit· 1985-03-05· cited 27×
• State v. Fort
  District Court of Appeal of Florida· 1980-02-27· cited 22×
• Tinghitella v. Procunier
  Supreme Court· 1985-05-28· cited 12×
• Gordon v. State
  District Court of Appeal of Florida· 1984-09-28· cited 9×
• McMahon v. State
  District Court of Appeal of Florida· 1990-05-24· cited 9×
• Baggett v. State
  District Court of Appeal of Florida· 1974-10-04· cited 8×
• Young v. State
  District Court of Appeal of Florida· 1987-03-26· cited 7×