LAUREN G. GRESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAUREN G. GRESS, APPELLANT,
STATE OF FLORIDA, APPELLEE
85 So. 3d 1185
Florida District Court of Appeal, Fifth District (2012)
Positive Treatment
Cited by 3 cases
Opinion of the Court
Appellant challenges the judgments and sentences she received for the offenses of culpable negligence and two counts of neglect of a child causing great bodily harm, permanent disfigurement, or permanent disability. The State properly concedes that the conviction for culpable negligence is a double jeopardy violation because it arose from the same criminal episode, involving the same victim, and was a lesser offense subsumed by a greater offense. Accordingly, we reverse the judgment and sentence for culpable negligence. In all other respects, we affirm.
REVERSED IN PART; AFFIRMED IN PART.
GRIFFIN, SAWAYA and TORPY, JJ., concur.
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Badgett v. State, 97 So. 3d 320 (Fla. 5th DCA 2012)…13(6)(a), Florida Statutes (2010). Pursuant to the State’s appropriate concession of error in the failure of the trial court to instruct the jury on Badgett’s “prescription defense,” [*321] we reverse and remand for a new trial.1 Williams v. State, 85 So. 3d 1185, 1186 (Fla. 5th DCA 2012) (reversing for new trial where trial court was of the mistaken apparent belief that the prescription defense was only available to the prescription holder and thus did not instruct jury on that defense); State v. Latona, 75…
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Jaren Ashley Hare v. State, 114 So. 3d 252 (Fla. 5th DCA 2013)…equently, double jeopardy prohibits convictions for both aggravated manslaughter of a child by eulpa-ble negligence and child neglect as separate offenses when, as here, the offense emanated from the same criminal act.9 See generally Gress v. State, 85 So. 3d 1185 (Fla. 5th DCA 2012) (holding that appellant’s conviction for culpable negligence violated double jeopardy as it arose from same criminal episode and involved same victim, and thus was lesser offense subsumed by greater offense of neglect of child ca…