RYAN MCCARTHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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.
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Citator
Cited By
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Snow v. State, 157 So. 3d 559 (Fla. 1st DCA 2015)…; Cantrell v. State, 132 So. 3d 931 (Fla. 1st DCA 2014); [*561] Griffis v. State, 133 So. 3d 653 (Fla. 1st DCA 2014); State v. Davis, 141 So. 3d 1230 (Fla. 1st DCA 2014); Ho Yeaon Seo v. State, 143 So. 3d 1189 (Fla. 1st DCA 2014); McCarthy v. State, 145 So. 3d 222 (Fla. 1st DCA 2014); and Truitt v. State, 146 So. 3d 1289 (Fla. 1st DCA 2014). We recognize our sister courts have held to the contrary in Pinder v. State, 128 So. 3d 141 (Fla. 5th DCA 2013); Hartley v. State, 129 So. 3d 486 (Fla. 4th DCA 2014); and…
Authorities Cited
- State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013)
- Hartley v. State, 129 So. 3d 486 (Fla. 4th DCA 2014)
- Elsberry v. State, 130 So. 3d 798 (Fla. 1st DCA 2014)