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Wilkes v. State

Citations

  • 123 So. 3d 632
  • 2013 WL 4822010
  • 2013 Fla. App. LEXIS 14452

How courts have described this case

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

  • holding that convictions of attempted murder and attempted felony murder, arising out of single attempt to cause death to single victim, violated double jeopardy
  • holding the Houser rule “also extends to convictions for attempted murder and attempted felony murder from the same attempted killing”
  • explaining “[O]nly one homicide conviction and sentence may be imposed for a single death,” quoting Houser v. State, 474 So. 2d 1193, 1196 (Fla. 1985
  • “Therefore, allowing both convictions to stand, yet withholding the imposition of sentence for one of the offenses, does not cure the double jeopardy violation as it is ‘the record of appellant’s conviction [that] constitutes the violation of double jeopardy.’ ” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Klingensmith, Levine, Taylor

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.