DUHART v. STATE

No. 97-4451

724 So.2d 1223 (1998)

Henry Lewis DUHART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 10, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Angela Shelley, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Randy L. Havlicak, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, J.

Appellant, Henry Lewis Duhart, was convicted and sentenced for the offenses of burglary of a conveyance with assault and attempted carjacking. He now argues that these convictions and sentences violate his double-jeopardy protections as codified under section 775.021(4)(b), Florida Statutes (1997). Specifically, appellant argues that under section 755.021(4)(b)3., the greater offense of burglary with assault subsumed the lesser offense of attempted carjacking...

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