JORDAN B. PALMER, Appellant,
STATE OF FLORIDA, Appellee.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Michael A. Robinson, Judge; L.T. Case No.
Haughwout, Public Defender, and Peggy Natale, Assistant
Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Marc B.
Hernandez, Assistant Attorney General, West Palm Beach, for
protection against double jeopardy is raised in this appeal
from the defendant's conviction and sentence for grand
theft auto and armed carjacking with a firearm.
defendant argues the court erred in denying his motion for
mistrial when the prosecutor made improper comments during
closing. He also argues his convictions for grand theft auto
and armed carjacking with a firearm violate his right against
double jeopardy. We agree with him on the second issue and
reverse on that issue only.
victim was leaving a convenience store, the defendant pushed
her car door open, put a gun to her head, and told her to get
out of the car. Another man came to the passenger side of her
car and told her to open the door. When she opened the
passenger door, the second man took her purse. The two men
left in her car with the defendant driving.
days later, a detective located the car and surveilled it.
Eventually, three men entered the car. When the officer
followed, the car accelerated. The detective turned on his
lights and siren and drove in front of the car, causing the
car to wreck. The defendant was taken to the hospital, where
he told the detective: "You're lucky you came up on
us fast or we would have been gone."
State charged the defendant with (1) armed carjacking with a
firearm and (2) grand theft auto. The jury found the
defendant guilty as charged, and found he had actual
possession of a firearm during the carjacking. The trial
court sentenced the defendant to 25 years in prison with a
10-year minimum mandatory sentence, followed by five years of
probation on the carjacking count. The court sentenced the
defendant to a concurrent five-year prison term on the grand
theft auto count.
his conviction and sentence, the defendant now appeals. We
affirm, without further comment, on the trial court's
denial of the motion for mistrial.
second issue, the defendant argues that his convictions for
carjacking and grand theft auto are barred by double
jeopardy. The State agrees that grand theft auto is a lesser
included offense of carjacking. And, although the information
charged the defendant with committing each offense on
different days, there was only one 'taking' of the
car. As such, the State agrees the carjacking offense
subsumes the grand theft auto offense.
jeopardy issues involve purely legal determinations and are
reviewed de novo. Benjamin v. State, 77 So.3d 781,
783 (Fla. 4th DCA 2011).
defendant's double jeopardy rights are violated when he
is convicted of two 'offenses which require identical
elements of proof.'" Ortiz-Medina v. State,
126 So.3d 1183, 1183 (Fla. 4th DCA 2012) (quoting §
775.021(4)(b)(1), Fla. Stat. (2016)). "For double
jeopardy purposes lesser included offenses are tantamount to
the greater offense charged if all the constituent essential
elements of such lesser offenses are ...