Casar v. State

Full title: Frank CASAR, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: May 15, 2015

163 So. 3d 1239 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D14–1302.

05-15-2015

Frank CASAR, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Robert J. Pearce III, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Robert J. Pearce III, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

Opinion

PER CURIAM.

The State properly concedes that one of Casar's two convictions for aggravated assault with a firearm is required to be vacated on double jeopardy grounds. See Estremera v. State, 107 So.3d 511 (Fla. 5th DCA 2013) (concluding that all elements of crime of aggravated assault with firearm are contained within crime of burglary with assault while armed with firearm; therefore, convictions for both violate prohibition against double jeopardy); see also McGhee v. State, 133 So.3d 1137, 1138 (Fla. 5th DCA 2014). Casar's convictions and sentences are otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, COHEN and EDWARDS, JJ., concur.