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Potts v. State

Florida Supreme Court

430 So. 2d 900 (1982)

Facts

Russell Potts (defendant) and Lawrence Scott Ramirez were involved in the burglary of a car dealership. Ramirez himself conducted the burglary, during which he guided an employee by hand to a restroom and told him to wait there. Potts’s involvement was limited to driving Ramirez to the dealership, waiting nearby, and driving Ramirez away. Potts and Ramirez were both charged with burglary with assault but were tried separately. Ramirez was convicted of simple burglary and sentenced to a maximum sentence of five years. Potts was convicted of burglary with assault and sentenced to thirty years. On appeal, Potts argued that he could not be convicted of a greater crime than was Ramirez. The Second District Court of Appeal disagreed but set aside the judgment and sentence on other grounds and remanded for a new trial. Potts sought review.

Rule of Law

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Issue

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Holding and Reasoning (Ehrlich, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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