Labissiere v. State

District Court of Appeal of Florida

Labissiere v. State

93 So. 3d 469, 2012 WL 2935896, 2012 Fla. App. LEXIS 11744

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 2012

DocketNo. 5D09-4025

StatusPublished

This text of 93 So. 3d 469 (Labissiere 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

Labissiere v. State, 93 So. 3d 469, 2012 WL 2935896, 2012 Fla. App. LEXIS 11744 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Holvens Labissiere appeals his convictions for one count of armed burglary of a dwelling, one count of armed kidnapping with intent to inflict harm or terrorize, one count of armed kidnapping with intent to [470]*470commit a felony, three counts of armed sexual battery, one count of aggravated stalking after an injunction, and one count of violation of a domestic violence injunction by committing domestic violence. As the State properly concedes, double jeopardy precludes Labissiere from being convicted on both kidnapping counts. We find the other issues raised by Labissiere to be without merit. On remand, the trial court shall vacate one of the kidnapping convictions. In all other respects, the judgment and sentences are affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

ORFINGER, C.J., GRIFFIN and EVANDER, JJ., concur.

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PER CURIAM.

Holvens Labissiere appeals his convictions for one count of armed burglary of a dwelling, one count of armed kidnapping with intent to inflict harm or terrorize, one count of armed kidnapping with intent to [470]*470commit a felony, three counts of armed sexual battery, one count of aggravated stalking after an injunction, and one count of violation of a domestic violence injunction by committing domestic violence. As the State properly concedes, double jeopardy precludes Labissiere from being convicted on both kidnapping counts. We find the other issues raised by Labissiere to be without merit. On remand, the trial court shall vacate one of the kidnapping convictions. In all other respects, the judgment and sentences are affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

ORFINGER, C.J., GRIFFIN and EVANDER, JJ., concur.

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Bluebook (online)

93 So. 3d 469, 2012 WL 2935896, 2012 Fla. App. LEXIS 11744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labissiere-v-state-fladistctapp-2012.