Taylor v. State

District Court of Appeal of Florida

Taylor v. State

880 So. 2d 704, 2004 Fla. App. LEXIS 5836, 2004 WL 892637

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 2004

DocketNo. 2D03-1222

StatusPublished

Cited by1 cases

This text of 880 So. 2d 704 (Taylor 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

Taylor v. State, 880 So. 2d 704, 2004 Fla. App. LEXIS 5836, 2004 WL 892637 (Fla. Ct. App. 2004).

Pincite

Opinion

FULMER, Judge.

Trent Marcia Taylor appeals his convictions for two counts of aggravated child abuse and one count of child abuse. Taylor initially raised two issues on appeal, neither of which have merit. We directed supplemental briefing on the question of whether Taylor’s conviction on count three violates double jeopardy notwithstanding the fact that the trial court did not impose a sentence on this count. Both count two, which alleged a violation of section 827.03(2)(b), Florida Statutes (2002), and count three, which alleged a violation of section 827.03(l)(a), address the same act committed against the same child. The State concedes error. As this court held in Kurtz v. State, 564 So.2d 519, 521 (Fla. 2d DCA 1990), disapproved of on other grounds, Novaton v. State, 634 So.2d 607 (Fla.1994), “trial courts are not permitted to enter an adjudication of guilt for an offense when a sentence could not legally [705]*705be imposed under section 775.021(4), Florida Statutes (Supp.1988), for that same offense.”

Accordingly, we affirm the convictions and sentences on counts one and two and reverse the conviction on count three with directions that the judgment on count three be vacated.

Affirmed in part, reversed in part, and remanded with directions.

NORTHCUTT and CASANUEVA, JJ., concur.

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

FULMER, Judge.

Trent Marcia Taylor appeals his convictions for two counts of aggravated child abuse and one count of child abuse. Taylor initially raised two issues on appeal, neither of which have merit. We directed supplemental briefing on the question of whether Taylor’s conviction on count three violates double jeopardy notwithstanding the fact that the trial court did not impose a sentence on this count. Both count two, which alleged a violation of section 827.03(2)(b), Florida Statutes (2002), and count three, which alleged a violation of section 827.03(l)(a), address the same act committed against the same child. The State concedes error. As this court held in Kurtz v. State, 564 So.2d 519, 521 (Fla. 2d DCA 1990), disapproved of on other grounds, Novaton v. State, 634 So.2d 607 (Fla.1994), “trial courts are not permitted to enter an adjudication of guilt for an offense when a sentence could not legally [705]*705be imposed under section 775.021(4), Florida Statutes (Supp.1988), for that same offense.”

Accordingly, we affirm the convictions and sentences on counts one and two and reverse the conviction on count three with directions that the judgment on count three be vacated.

Affirmed in part, reversed in part, and remanded with directions.

NORTHCUTT and CASANUEVA, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

880 So. 2d 704, 2004 Fla. App. LEXIS 5836, 2004 WL 892637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack