Burnette v. State

Full title: JAMES RICHARD BURNETTE, III, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 2, 2020

312 So. 3d 509 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-1874

07-02-2020

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

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.

PER CURIAM.

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.

PER CURIAM.

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) )).

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