McCarthy v. State

Florida District Courts of Appeal
McCarthy v. State, 145 So. 3d 222 (2014)
2014 Fla. App. LEXIS 13236; 2014 WL 4197496
Osterhaus, Rowe, Wolf

McCarthy v. State

Opinion of the Court

PER CURIAM.

Appellant, Ryan McCarthy, was convicted and sentenced for the unlawful use of a computer service, traveling to meet a minor, and transmission of material harmful to minors by electronic device or equipment. Appellant raises three issues on appeal. We affirm as to all issues and briefly discuss one.

Appellant asserts that his convictions for the unlawful use of a computer service and traveling to meeting a minor violate double jeopardy because they arose out of the same criminal episode. We have previously rejected this argument. See Elsberry v. State, 130 So.3d 798, 798 (Fla. 1st DCA 2014); State v. Murphy, 124 So.3d 323, 330-31 (Fla. 1st DCA 2013). As we did in Elsberry, we certify conflict with the decision of Hartley v. State, 129 So.3d 486 (Fla. 4th DCA 2014).

AFFIRMED.

WOLF, ROWE, and OSTERHAUS, JJ., concur.

Reference

Full Case Name
Ryan McCARTHY v. STATE of Florida
Cited By
1 case
Status
Published