Carawan v. State

In Carawan v. State, 515 So. 2d 161, 168 (Fla. 1987), the Court held that "absent a violation of constitutional right, specific, clear and precise statements of legislative intent control regarding intended penalties. Only where no clear intent exists does any other rule of construction come into play." Id. at 165. The Court noted that specifically, the "same elements" test of Blockburger v. United States, 284 U.S. 299 (1932), codified in section 775.021(4), and the "rule of lenity" contained in section 775.021(1), become relevant only when legislative intent is otherwise unclear. Carawan, 515 So. 2d at 167-68. Finding no clear legislative intent to authorize multiple punishments, the Court in Carawan applied both the Blockburger test and, to greater effect, the rule of lenity, and concluded that multiple punishments were not authorized. Id. at 170-71.