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Jackson v. State

District Court of Appeal of Florida, Fifth District
May 18, 1989
543 So. 2d 416 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-213.

May 18, 1989.

Appeal from the Circuit Court, Marion County, Carven D. Angel, J.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.


The appellant, John T. Jackson, was convicted of second degree murder, manslaughter by culpable negligence, and accessory after the fact to murder or manslaughter. These convictions are based upon the killing of a man named Christopher Stamey by Jackson and one Scott McLeroy.

Initially, we observe that Jackson cannot be convicted of killing Stamey twice. See Houser v. State, 474 So.2d 1193 (Fla. 1985). When one conviction must fail, it should be the lesser. See State v. Barton, 523 So.2d 152 (Fla. 1988). Moreover, it is legally impossible to be both a principal and an accessory to the same crime. Staten v. State, 519 So.2d 622 (Fla. 1988). Therefore, the manslaughter and accessory convictions must be reversed.

We find the admission of hearsay statements accredited to a nontestifying codefendant not to be reversible error under the facts of this case. See Schneble v. Florida, 405 U.S. 427, 92 S.Ct. 1056, 31 L.Ed.2d 340 (1972).

Accordingly, we affirm Jackson's conviction for second degree murder, reverse his convictions for manslaughter and accessory after the fact, and remand for resentencing.

AFFIRMED in part; REVERSED in part; REMANDED.

DAUKSCH and ORFINGER, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fifth District
May 18, 1989
543 So. 2d 416 (Fla. Dist. Ct. App. 1989)
Case details for

Jackson v. State

Case Details

Full title:JOHN THOMAS JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 18, 1989

Citations

543 So. 2d 416 (Fla. Dist. Ct. App. 1989)

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