Florida District Courts of Appeal, 2015

Agama v. State

Florida District Courts of Appeal · Decided December 30, 2015

181 So. 3d 571; 2015 WL 9487556 (Southern Reporter, Third Series)

Cases that cite this one

4 later published cases cite this decision.

Samuel D. Straitiff v. State (Fla. Dist. Ct. App. 2017)
Brandon Stapler v. State (Fla. Dist. Ct. App. 2016)
David F. Honaker v. State (Fla. Dist. Ct. App. 2016)
State v. Agama (Fla. Dist. Ct. App. 2016)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT LAMBERT F. AGAMA, ) )

Appellant, ) ) v. ) Case No. 2D13-4482 )

STATE OF FLORIDA, ) )

Appellee. ) )

Opinion filed December 30, 2015.

Appeal from the Circuit Court for Manatee

County; John F. Lakin, Judge.

Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public

Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, and Helene S. Parnes,

Assistant Attorney General, Tampa, for

Appellee.

ALTENBERND, Judge.

Lambert F. Agama appeals his judgments and sentences for traveling to seduce, solicit, or entice a child to commit a sex act in violation of section 847.0135(4)(a), Florida Statutes (2012), and using a computer to seduce, solicit, or entice a child to commit a sex act in violation of section 847.0135(3)(a). Mr. Agama correctly argues that a conviction and sentence for both offenses violates the prohibition against double jeopardy. See Meythaler v. State, 175 So. 3d 918 (Fla. 2d DCA 2015); see also State v. Shelley, 176 So. 3d 914 (Fla. 2015). Accordingly, we reverse the conviction and sentence for soliciting. Although we affirm Mr. Agama's conviction for traveling, the reversal of the conviction for soliciting substantially reduces the total points on the sentencing scoresheet. We thus remand for the trial court to vacate Mr. Agama's sentence for traveling and to resentence Mr. Agama on that conviction.

Affirmed in part, reversed in part, and remanded.

SILBERMAN and BLACK, JJ., Concur.

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