Florida District Courts of Appeal, 2014

Frederick v. State

Frederick v. State
Florida District Courts of Appeal · Decided March 21, 2014 · Berger, Evander, Palmer
135 So. 3d 471; 2014 WL 1099332; 2014 Fla. App. LEXIS 4168 (Southern Reporter, Third Series)

Frederick v. State

Opinion of the Court

PER CURIAM.

Nicholas Frederick appeals the judgment and sentence entered against him after a jury found him guilty of numerous charges.1 Because the aggravated assault convictions on Counts V and VI involved the same victims as in Counts II and III and each offense occurred within the same criminal episode, we vacate the convictions on Counts V and VI based on double jeopardy principles. Fleming v. State, 75 So.3d 397, 400 (Fla. 5th DCA 2011). In all other respects, we affirm.

*472AFFIRMED, in part; VACATED, in part.

PALMER, EVANDER and BERGER, JJ., concur.

. At trial, the jury found Frederick guilty of the following: Count I, attempted voluntary manslaughter (as a lesser included offense of attempted first-degree murder); Counts II and III, aggravated assault (as lesser included offenses of attempted first-degree murder); Count IV, resisting an officer with violence; Counts V-VIII, aggravated assault; Count IX, fleeing or attempting to elude a law enforcement officer at high speed or with wanton disregard; and Count XI, grand theft of a motor vehicle.

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