ENOCH D. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Enoch Hall appealed his criminal convictions for sexual battery, kidnapping, and aggravated battery, raising issues regarding competency evaluation, sufficiency of evidence, double jeopardy, and sentencing guidelines. The appellate court affirmed the convictions for sexual battery, kidnapping, and aggravated battery on a person 65 or older, but reversed the separate aggravated battery conviction as duplicative and vacated the unauthorized departure sentence for kidnapping, remanding for resentencing.
The court affirmed denial of the competency evaluation and the sexual battery conviction, finding no clear abuse of discretion and sufficient evidence of force. However, the court reversed the aggravated battery conviction as duplicative of the aggravated battery upon a person 65 or older conviction, and reversed the kidnapping sentence as an unauthorized departure from sentencing guidelines, remanding for resentencing.
[1] A trial court does not abuse its discretion in denying a motion for a competency evaluation when the record does not reflect a clear abuse of discretion.
[2] A jury verdict for sexual battery is supported by sufficient evidence of actual physical force that caused serious personal injury.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we conclude that the record clearly reflects that the convictions for aggravated battery upon a person 65 years of age or older and aggravated battery arose from the same facts. Therefore, appellant may not be convicted of both.”
Establishes the double jeopardy violation and reversal of the duplicate aggravated battery conviction
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Join FLexlaw to unlock all legal intelligenceHall was convicted by jury of sexual battery with actual physical force, kidnapping, and two separate aggravated battery convictions—one for a victim …
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PER CURIAM.
In this direct criminal appeal, appellant raises four issues: (1) whether the trial court committed reversible error when it denied his motion for a competency evaluation by court-appointed experts; (2) whether the trial court committed reversible error when it denied his motion for a judgment of acquittal on the charge of sexual battery with a deadly weapon or actual physical force likely to cause serious personal injury; (3) whether the trial court violated the prohibition against double jeopardy when it adjudicated him guilty of both aggravated battery upon a person 65 years of age or older and aggravated battery, and imposed a separate sentence for each; and (4) whether the imposition of a consecutive life sentence for kidnapping constitutes an unauthorized departure sentence.
We affirm as to the first two issues, concluding that the record does not reflect a clear abuse of discretion as to denial of the motion for a competency evaluation, and that the record does reflect the presence of sufficient evidence of actual physical force which did cause serious personal injury to support the jury’s verdict as to the sexual battery charge. However, we conclude that the record clearly reflects that the convictions for aggravated battery upon a person 65 years of age or older and aggravated battery arose from the same facts. Therefore, appellant may not be convicted of both. We also conclude that the consecutive life sentence for the kidnapping conviction constitutes an unauthorized departure from the sentencing guidelines. Therefore, that sentence must be vacated. However, it is clear from the record that the trial court was unaware that it was imposing a departure sentence. Accordingly, on remand, the trial court may again impose a departure sentence, provided that it complies with all applicable procedural and substantive requirements.
In summary, we affirm the convictions for sexual battery, kidnapping and aggravated battery upon a person 65 years of age or older; we reverse the conviction and sentence for aggravated battery; and we reverse the sentence for kidnapping, and remand for resentencing as to that offense.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
WEBSTER, MICKLE and VAN NORTWICK, JJ., concur.
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Cook v. State, 813 So. 2d 1010 (Fla. 1st DCA 2002)…e great bodily harm or wield a 'deadly weapon, to be found guilty of the offense of aggravated battery. However, a defendant may not be convicted of both identical offenses where the charges arise out of a single criminal episode. See Hall v. State, 654 So. 2d 253 (Fla. 1st DCA 1995)(concluding that appellant may not be convicted of both aggravated battery upon a person 65 years of age or older and aggravated battery, when convictions arose from the same facts). Here, the record shows that Appellant’s convict…
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Pruett v. State, 731 So. 2d 113 (Fla. 1st DCA 1999)…the same offense. The record reflects and the State acknowledges that appellant’s conviction for battery and battery upon a person 65 years of age or older arose from the same facts. Thus, appellant may not be convicted of both. See Hall v. State, 654 So. 2d 253 (Fla. 1st DCA 1995)(eoncluding that appellant may not be convicted of both aggravated battery upon a person 65 years of age or older and aggravated battery, when the convictions arose from the same facts); see also Jelks v. State, 509 So. 2d 404 (Fl…
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Green v. State, 84 So. 3d 356 (Fla. 1st DCA 2012)…es describing degrees of same offense to be construed most favorably to accused). “Appellant cannot be convicted twice for the same offense arising from the same act.” Cook v. State, 813 So. 2d 1010, 1012 (Fla. 1st DCA 2002); see also Hall v. State, 654 So. 2d 253 (Fla. 1st DCA 1995) (reversing convictions for aggravated battery and aggravated battery on person 65 years of age or older, which arose from same facts). Because the two convictions for aggravated battery are based on the same criminal episode, an…