D.R. v. State

District Court of Appeal of Florida

D.R. v. State

983 So. 2d 761, 2008 Fla. App. LEXIS 8474, 2008 WL 2388027

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 2008

DocketNo. 5D07-3129

StatusPublished

Cited by1 cases

This text of 983 So. 2d 761 (D.R. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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D.R. v. State, 983 So. 2d 761, 2008 Fla. App. LEXIS 8474, 2008 WL 2388027 (Fla. Ct. App. 2008).

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Opinion

PER CURIAM.

Appellant challenges his separate convictions on two counts of lewd and lascivious molestation based upon double jeopardy grounds. We conclude that the acts that gave rise to the separate charges arose from a single criminal episode. We remand this cause with instructions that the trial judge strike Appellant’s conviction as to one of the counts and resentence Appellant accordingly. King v. State, 834 So.2d 311 (Fla. 5th DCA 2003).

REVERSED and REMANDED.

ORFINGER, TORPY and COHEN, JJ., concur.

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PER CURIAM.

Appellant challenges his separate convictions on two counts of lewd and lascivious molestation based upon double jeopardy grounds. We conclude that the acts that gave rise to the separate charges arose from a single criminal episode. We remand this cause with instructions that the trial judge strike Appellant’s conviction as to one of the counts and resentence Appellant accordingly. King v. State, 834 So.2d 311 (Fla. 5th DCA 2003).

REVERSED and REMANDED.

ORFINGER, TORPY and COHEN, JJ., concur.

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983 So. 2d 761, 2008 Fla. App. LEXIS 8474, 2008 WL 2388027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dr-v-state-fladistctapp-2008.

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