IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
EDDIE LEE ATKINS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-4399
STATE OF FLORIDA,
Appellee.
/
Opinion filed July 14, 2017.
An appeal from the Circuit Court for Escambia County.
Jennie M. Kinsey, Judge.
Andy Thomas, Public Defender, and Joanna A. Mauer, Assistant Public Defender,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Tayo Popoola, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Eddie Lee Atkins appeals his judgment of conviction and sentences for
sexual battery, attempted sexual battery, burglary of a conveyance, and carjacking
raising several issues. We find only one merits mention.
Appellant argues that his dual convictions for burglary of a conveyance and
carjacking constitute double jeopardy. In furtherance of this argument he urges
this Court to adopt the reasoning of Judge Sharp who dissented in Green v. State,
828 So. 2d 462 (Fla. 5th DCA 2002). Instead, we concur with the majority’s
decision in Green which held that dual convictions for burglary of a conveyance
and carjacking do not constitute double jeopardy because the offenses do not share
identical elements and because neither is subsumed in the other. Id. at 464.
Because none of the issues raised on appeal warrant reversal, we AFFIRM
the judgment and sentences.
LEWIS, BILBREY, and WINOKUR, JJ., CONCUR.
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