Florida District Courts of Appeal, 2011

Decker v. State

Decker v. State
Florida District Courts of Appeal · Decided July 27, 2011 · Ciklin, Damoorgian, Levine
67 So. 3d 374; 2011 Fla. App. LEXIS 11784; 2011 WL 3110914 (Southern Reporter, Third Series)

Decker v. State

Opinion of the Court

PER CURIAM.

Appellant appeals her convictions for official misconduct and falsifying records. We find the trial court did not abuse its discretion in denying appellant’s motion for a statement of particulars, because the motion essentially asked the state to prove its entire case before trial, and appellant failed to demonstrate a lack of notice, prejudice, surprise, or an inability to prepare an adequate defense. See Brown v. State, 473 So.2d 1260 (Fla. 1985); Harrison v. State, 557 So.2d 151 (Fla. 4th DCA 1990). However, we find that appellant’s dual convictions -violate her constitutional protection against double jeopardy, as both offenses arose out of the same factual event, and each offense does not contain a separate element not contained within the other. See § 775.021(4)(a), Fla. Stat. (2011); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). As such, we reverse and remand for the trial court to vacate appellant’s conviction and sentence for falsifying records.

Affirmed in part, reversed in part, and remanded.

DAMOORGIAN, CIKLIN and LEVINE, JJ., concur.

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