GREEN v. STATE

No. 5D01-2837.

828 So.2d 462 (2002)

Carl GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 18, 2002.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Double jeopardy is the only issue of merit presented in this appeal.1 Can a defendant be convicted of armed carjacking and burglary of a conveyance with an assault when both arise out of the same incident? We say yes, and affirm Green's conviction.

At approximately 2:30 in the morning, the victim left her place of employment. As she drove to her boyfriend's house, she believed that she was being followed. As she parked...

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