Florida District Courts of Appeal, 2008

D.R. v. State

D.R. v. State
Florida District Courts of Appeal · Decided June 13, 2008 · Cohen, Orfinger, Torpy
983 So. 2d 761; 2008 Fla. App. LEXIS 8474; 2008 WL 2388027 (Southern Reporter, Second Series)

D.R. v. State

Opinion of the Court

PER CURIAM.

Appellant challenges his separate convictions on two counts of lewd and lascivious molestation based upon double jeopardy grounds. We conclude that the acts that gave rise to the separate charges arose from a single criminal episode. We remand this cause with instructions that the trial judge strike Appellant’s conviction as to one of the counts and resentence Appellant accordingly. King v. State, 834 So.2d 311 (Fla. 5th DCA 2003).

REVERSED and REMANDED.

ORFINGER, TORPY and COHEN, JJ., concur.

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