JAMES RICHARD BURNETTE, III vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JAMES RICHARD BURNETTE, III, Appellant, v. Case No. 5D19-1874 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 2, 2020 3.850 Appeal from the Circuit Court for Volusia County, Dennis Craig, Judge. 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, 138 S. Ct. 2144, 2148–50 (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. 2

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