CHARLES KEMP, APPELLANT,

v.

WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS; STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• LEE v. State, 223 So. 3d 342 (Fla. 1st DCA 2017)
  …against cumulative punishments for convictions on the same offense, the Clause does not prohibit the State from prosecuting respondent for such multiple [*362] offenses in a single prosecution.” Id.10 We applied the Johnson rule in State v. Sholl, 18 So. 3d 1158 (Fla. 1st DCA 2009). Sholl claimed that the charge of transmitting material harmful to a minor violated the prohibition against double jeopardy because it contained the same elements as a separate charge of lewd and lascivious exhibition. We ruled t…

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• Parks v. State, 96 So. 3d 474 (Fla. 1st DCA 2012)
  …Mission and failed to report the change in residence as required by section 943.0435, the trial court correctly denied Appellant’s motion to dismiss. AFFIRMED. THOMAS and WETHERELL, JJ., concur. . We review the denial de novo. See State v. Sholl, 18 So. 3d 1158, 1160 (Fla. 1st DCA 2009). . The State posits that this appeal is moot because Appellant was sentenced to time served, meaning his sentence is already com [*476] plete. We disagree because there is a distinction between appeals challenging the ille…
• Jarrod Richard Allen v. State, 82 So. 3d 118 (Fla. 4th DCA 2012)
  …g the intended unit of prosecution.” . Allen’s double jeopardy argument is unavailing. "The Fifth Amendment guarantee against double jeopardy protects a defendant from, among other things, multiple punishments for the same offense." State v. Sholl, 18 So. 3d 1158, 1162 (Fla. 1st DCA 2009). Because, under section 847.0138(2), each attached and transmitted photograph is a separate, punishable violation, there is no double jeopardy.…

Authorities Cited

• Autley Mobley v. McNEIL, 989 So. 2d 1215 (Fla. 1st DCA 2008)