Demarquarius Deonte Truitt v. State of Florida

194 So. 3d 586, 2016 Fla. App. LEXIS 11114, 2016 WL 3919041

Opinion

UPON REVIEW BY THE SUPREME COURT

PER CURIAM.

This Court previously affirmed Appellant’s conviction and sentence for improper use of computer services to solicit a person believed to be a. child to commit a designated illegal act, in violation of section 847.0135(3), Florida Statutes; traveling to meet a minor, in violation of section 847.0135(4), Florida Statutes; and unlawful use of a two-way communications device, in violation of section 924.215, Florida Statutes. Truitt v. State, 146 So.3d 1289 (Fla. 1st DCA 2014). After issuance of that opinion, the Florida Supreme Court ruled that double jeopardy principles prohibit separate convictions based on the same conduct for soliciting and for traveling to engage in unlawful sexual activity with a person believed to be a minor. State v. Shelley, 176 So.3d 914 (Fla.2015). In light of Shelley, the Florida Supreme Court quashed our opinion in Truitt: Truitt v. State, 2016 WL 1668164 (Fla. April 27, 2016). Accordingly, this cause is remanded to the trial court with instructions to vacate Appellant’s conviction and sentence for the lesser included offense of improper use of computer services for solicitation. Shelley, 176 So.2d at 919-20.

REMANDED with instructions.

B.L. THOMAS, KELSEY, and WINOKUR, JJ., concur.