Supreme Court of Florida

In a review of conflicting decisions involving the proper analysis to employ when determining which offense is the lesser offense in the double jeopardy context, the court approves the approach in Donovan v. State, 572 So. 2d 522 (Fla. 5th DCA 1990), which compared the elements of the offenses at issue, as opposed to the approach in Pizzo v. State, 916 So. 2d 828 (Fla. 2d DCA 2005), which compared the punishments for the offenses.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• BELL, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Beverly A. Pohl of Broad and Cassel, Fort Lauderdale, FL, and Bruce Rogow of Bruce S. Rogow, P.A., Fort Lauderdale, FL, for Petitioner.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Robert J. Krauss, Bureau Chief Criminal Appeals, and Anne Sheer Weiner, Assistant Attorney General, Tampa, FL, for Respondent.