McCarthy v. State

District Court of Appeal of Florida

McCarthy v. State

145 So. 3d 222, 2014 Fla. App. LEXIS 13236, 2014 WL 4197496

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 2014

DocketNo. 1D13-2387

StatusPublished

Cited by1 cases

This text of 145 So. 3d 222 (McCarthy 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

McCarthy v. State, 145 So. 3d 222, 2014 Fla. App. LEXIS 13236, 2014 WL 4197496 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Appellant, Ryan McCarthy, was convicted and sentenced for the unlawful use of a computer service, traveling to meet a minor, and transmission of material harmful to minors by electronic device or equipment. Appellant raises three issues on appeal. We affirm as to all issues and briefly discuss one.

Appellant asserts that his convictions for the unlawful use of a computer service and traveling to meeting a minor violate double jeopardy because they arose out of the same criminal episode. We have previously rejected this argument. See Elsberry v. State, 130 So.3d 798, 798 (Fla. 1st DCA 2014); State v. Murphy, 124 So.3d 323, 330-31 (Fla. 1st DCA 2013). As we did in Elsberry, we certify conflict with the decision of Hartley v. State, 129 So.3d 486 (Fla. 4th DCA 2014).

AFFIRMED.

WOLF, ROWE, and OSTERHAUS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI