Florida District Courts of Appeal, 2000

Folk v. State

Folk v. State
Florida District Courts of Appeal · Decided March 10, 2000 · Parker, Stringer, Whatley
753 So. 2d 675; 2000 Fla. App. LEXIS 2601; 2000 WL 263137 (Southern Reporter, Second Series)

Folk v. State

Opinion of the Court

WHATLEY, Judge.

Charles Folk appeals his convictions of handling and fondling a child under the age of sixteen years (count II), lewd and lascivious conduct in the presence of a child under the age of sixteen years (count III), sexual activity on a child by a person in a position of familial authority (count V), and possession of a legend drug with intent to dispense or deliver (count VI). Folk raises numerous issues in this appeal, but we find merit only in his argument, with which the State concurs, that his convictions under both counts II and III constitute double jeopardy because the same conduct formed the basis of both counts. See Audano v. State, 641 So.2d 1356 (Fla. 2d DCA 1994). In addition, we note that Folk’s judgment lists an incorrect statute for count II, which should be section 800.04(1).

Accordingly, we reverse Folk’s conviction of count III and remand for resen-tencing with a recalculated scoresheet and for correction of Folk’s judgment to reflect the proper statute for count II. Folk’s convictions are affirmed in all other respects.

Reversed in part, affirmed in part, and remanded.

PARKER, A.C.J., and STRINGER, J., Concur.

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