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Kist v. State

949 So. 2d 225, 2006 Fla. App. LEXIS 21767, 2006 WL 3821399
CourtDistrict Court of Appeal of Florida
DecidedDecember 29, 2006
DocketNo. 2D05-4374
StatusPublished

This text of 949 So. 2d 225 (Kist 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.

Bluebook
Kist v. State, 949 So. 2d 225, 2006 Fla. App. LEXIS 21767, 2006 WL 3821399 (Fla. Ct. App. 2006).

Opinion

VILLANTI, Judge.

In accordance with the holding in Kist v. State, 900 So.2d 571 (Fla. 2d DCA 2004), John E. Kist seeks a new appeal of his convictions for grand theft and insurance fraud for the same transaction because the convictions violate double jeopardy protections. See Hays v. State, 844 So.2d 705 (Fla. 2d DCA 2008). The State rightfully concedes the error. We reject all other grounds raised by Kist. Accordingly, we reverse the convictions and sentences on counts 3, 5, 10, 12, and 17. In all other regards, we affirm.

Affirmed in part; and reversed and remanded for the trial court to vacate the judgment and sentences on counts 8, 5, 10, 12, and 17.

SALCINES and STRINGER, JJ., Concur.

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Related

Kist v. State
900 So. 2d 571 (District Court of Appeal of Florida, 2004)
Hays v. State
844 So. 2d 705 (District Court of Appeal of Florida, 2003)

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Bluebook (online)
949 So. 2d 225, 2006 Fla. App. LEXIS 21767, 2006 WL 3821399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kist-v-state-fladistctapp-2006.