Supreme Court of Florida

Horace McKinney, Petitioner v. State of Florida, Respondent

June 16, 201136 Fla. L. Weekly Supp. 270

Summary

The Court held that convictions for robbery with a firearm and grand theft arising from the same episode do not violate double jeopardy because the offenses are not statutory degree variants, require different elements, and neither offense subsumes the other. It therefore approved the Fifth District's decision and disapproved the conflicting Fourth District decision. Justice Lewis, dissenting, would have treated robbery as a higher degree of grand theft because both offenses punish the same underlying deprivation of property.