MCRAE v. STATE (2026)

District Court of Appeal of Florida, Sixth District.

Davonte MCRAE, Appellant, v. STATE of Florida, Appellee.

Case No. 6D2024-0992

Decided: March 13, 2026

Jonathan Mills, Orlando, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Daniel Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Even when based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it.”); Trappman v. State, 384 So. 3d 742, 747 (Fla. 2024) (“[F]or double jeopardy protection to apply, ․ the offenses must be the same in law and in fact.” (quoting Burton v. United States, 202 U.S. 344, 380, 26 S.Ct. 688, 50 L.Ed. 1057 (1906) (internal quotations omitted; emphasis in original))), reh'g denied sub nom., Trappman v. Fla., No. SC2021-1479, 2024 WL 1510590 (Fla. Apr. 8, 2024); § 775.021(4)(a), Fla. Stat. (2025) (“[O]ffenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial.”).

PER CURIAM.

TRAVER, C.J., and MIZE and PRATT, JJ., concur.

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