Kurtz 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 an adjudication of guilt for an offense for which punishment cannot be imposed consistent with principles of double jeopardy, violates the defendant’s double jeopardy rights even when no sentence accompanies the adjudication of guilt
• holding subsequently limited to cases not involving a “bargained plea” as explained in Novaton v. State, 634 So.2d 607 (Fla.1994)
• \Nothing in the statute suggests that the legislature intends the judiciary to convict defendants of offenses for which no sentence can be imposed\
• discussing 1988 version of statute, which is identical to 1987 version in this respect
• \[I]t has been the general practice of the appellate courts to vacate both the adjudication of guilt and the sentence associated with a second offense which presents a double jeopardy problem.\
• simple DUI is category I lesser included offense of DUI/manslaughter

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Novaton v. State
  Supreme Court of Florida· 1994-03-24· cited 172×
• Coughlin v. State
  District Court of Appeal of Florida· 2006-07-07· cited 79×
• State v. Chapman
  Supreme Court of Florida· 1993-09-23· cited 52×
• State v. Hubbard
  Supreme Court of Florida· 1999-12-16· cited 25×
• Rodriguez v. State
  District Court of Appeal of Florida· 2004-02-25· cited 20×
• Novaton v. State
  District Court of Appeal of Florida· 1992-12-29· cited 17×
• Nurse v. State
  District Court of Appeal of Florida· 1995-07-05· cited 12×
• Arnold v. State
  District Court of Appeal of Florida· 1991-05-01· cited 11×
• Murphy v. State
  District Court of Appeal of Florida· 1991-04-17· cited 10×
• Logan v. State
  District Court of Appeal of Florida· 1991-12-19· cited 10×
• Foster v. State
  District Court of Appeal of Florida· 1992-08-07· cited 9×
• Brown v. State
  District Court of Appeal of Florida· 1995-12-18· cited 8×
• Collins v. State
  District Court of Appeal of Florida· 1992-09-25· cited 8×
• Labovick v. State
  District Court of Appeal of Florida· 2007-06-13· cited 8×
• Cooper v. State
  District Court of Appeal of Florida· 1993-06-04· cited 7×
• Foster v. State
  District Court of Appeal of Florida· 1992-03-06· cited 7×
• Collins v. State
  District Court of Appeal of Florida· 1991-04-17· cited 5×
• Cox v. State
  District Court of Appeal of Florida· 1993-04-14· cited 5×
• Parker v. State
  District Court of Appeal of Florida· 1991-12-13· cited 4×
• Goodwin v. State
  District Court of Appeal of Florida· 1992-12-02· cited 2×

Cites

31 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×
• Missouri v. Hunter
  Supreme Court· 1983-01-19· cited 2,324×
• Ohio v. Johnson
  Supreme Court· 1984-08-02· cited 1,064×
• Carawan v. State
  Supreme Court of Florida· 1987-09-03· cited 474×
• State v. Smith
  Supreme Court of Florida· 1989-06-22· cited 218×
• Carraway v. Revell
  Supreme Court of Florida· 1959-11-25· cited 171×
• White Const. Co., Inc. v. Dupont
  Supreme Court of Florida· 1984-07-26· cited 115×
• Houser v. State
  Supreme Court of Florida· 1985-08-22· cited 106×
• Magaw v. State
  Supreme Court of Florida· 1989-01-12· cited 57×
• Ingram v. Pettit
  Supreme Court of Florida· 1976-12-09· cited 53×
• State v. Carpenter
  Supreme Court of Florida· 1982-07-29· cited 46×
• Baker v. State
  District Court of Appeal of Florida· 1982-12-08· cited 44×
• Goss v. State
  District Court of Appeal of Florida· 1981-05-20· cited 24×
• Ferenc v. State
  District Court of Appeal of Florida· 1990-04-12· cited 22×
• Guardado v. State
  District Court of Appeal of Florida· 1990-04-17· cited 20×
• Phillips v. State
  District Court of Appeal of Florida· 1974-02-06· cited 19×
• Muszynski v. State
  District Court of Appeal of Florida· 1981-01-07· cited 18×
• Vela v. State
  District Court of Appeal of Florida· 1984-05-17· cited 17×
• Gould v. State
  District Court of Appeal of Florida· 1990-03-14· cited 16×