BURNETTE III v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

James Richard BURNETTE, III, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1874

Decided: July 02, 2020

James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

AFFIRMED. See Currier v. Virginia, ––– U.S. ––––, 138 S. Ct. 2144, 2148–50, 201 L.Ed.2d 650 (2018) (holding that criminal defendant who chooses severance of charges cannot successfully argue that prosecution on second charge offends Double Jeopardy Clause of Fifth Amendment to United States Constitution); Morris v. State, 252 So. 3d 383, 385–86 (Fla. 3d DCA 2018) (concluding that “[t]he analysis in Currier holds that the defendant's consent to the severance (including a second trial on the severed count) obviates any concern or claim that the second trial violates the Double Jeopardy Clause)”; see also Dunbar v. State, 89 So. 3d 901, 904 n.2 (Fla. 2012) (“The scope of the Double Jeopardy Clause is the same in both the federal constitution and the Florida Constitution.” (quoting Hall v. State, 823 So. 2d 757, 761 (Fla. 2002))).

PER CURIAM.

COHEN, LAMBERT, and HARRIS, JJ., concur.

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