Altaony Lemor Cason v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: January 14, 2019
• Docket: 17-4376
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-4376 _____________________________

ALTAONY LEMOR CASON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge.

January 14, 2019

PER CURIAM.

Altaony Cason argues that his two convictions for resisting an officer without violence violate the prohibition against double jeopardy because both convictions were based on one continuous criminal episode, albeit involving two officers. The State concedes error, and we agree. E.g., R.J.R. v. State, 88 So. 3d 264, 266–68 (Fla. 1st DCA 2012); D.A.R. v. State, 22 So. 3d 850, 851 (Fla. 4th DCA 2009); Fogle v. State, 754 So. 2d 878, 879 (Fla. 1st DCA 2000). We reverse and remand for the trial court to vacate one of the convictions. See Johnson v. State, 246 So. 3d 1277 (Fla. 1st DCA 2018).

ROWE, OSTERHAUS, and KELSEY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Robin B. Rogers, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Brooke Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.