Hampton v. State

George Hampton (defendant), Leonard Hampton, and Hillman Arnold went to a store to rob the store’s owner. George, who was armed with a rifle, acted as lookout outside the store while Leonard and Hillman entered the store. Leonard and Hillman threatened the owner with a shotgun and told the owner to give them the money in the cash register. When the owner showed Leonard and Hillman that the register was empty, Leonard fired the shotgun and wounded the owner. The owner then fired his own weapon at the men, wounding Hillman. Leonard fled the store, leaving Hillman behind. George then fired his rifle at the store’s window and fled with Leonard. The State of Florida (plaintiff) charged George for his role in the attempted robbery, and a jury ultimately found George guilty of assault with intent to commit robbery and assault with intent to commit second-degree murder. The trial court imposed two concurrent sentences for the offenses. George appealed, arguing that the evidence was insufficient to sustain his convictions and that the trial court should have imposed only one sentence because the offenses were part of the same criminal transaction. Specifically, George argued that he was improperly convicted of assault with intent to commit second-degree murder because he should not have been held responsible for Leonard’s use of the gun during the attempted robbery.