James S Nevinski v. State of Florida
This text of James S Nevinski v. State of Florida (James S Nevinski v. State of Florida) 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.
Opinion
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 6D2023-2587 Lower Tribunal No. CF-19-6184 _____________________________
JAMES S. NEVINSKI,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
Appeal from the Circuit Court for Polk County. Jalal A. Harb, Judge.
September 5, 2025
PER CURIAM.
James S. Nevinski appeals from a judgment and sentence entered after a jury
trial. The State concedes that the conviction for unlawful use of a two-way
communication device (Count 3) violates double jeopardy. We accept the State’s
concession of error, reverse the conviction on Count 3, and remand for the trial court
to vacate that conviction. Otherwise, we affirm without further discussion.
AFFIRMED in part; REVERSED in part; and REMANDED with
instructions. WHITE, MIZE and GANNAM, JJ., concur.
Blair Allen, Public Defender, and Kimberly Nolen Hopkins, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
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