NATHAN DYGART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm based on Hernandez v. State, 135 So.3d 352, 355 (Fla. 1st DCA 2013). We are also bound by Elsberry v. State, 130 So.3d 798, 798 (Fla. 1st DCA 2014) (citing State v. Murphy, 124 So.3d 323, 330-31 (Fla. 1st DCA 2013)), in which we held that dual convictions for violation of sections 847.0135(3) and 847.0135(4), Florida Statutes (2011), do not violate double jeopardy. Accord Littleman v. State, 159 So.3d 975, 976 (Fla. 1st DCA 2015); Snow v. State, 157 So.3d 559, 560 (Fla. 1st DCA 2015); Cantrell v. State, 132 So.3d 931, 933 (Fla. 1st DCA 2014). We recognize that the Florida Supreme Court has granted review of the conflict between the district courts. See Shelley v. State, 134 So.3d 1138,1140-42 (Fla. 2d DCA), review granted, 147 So.3d 527 (Fla.2014); see also Hartley v. State, 129 So.3d 486, 491 (Fla. 4th DCA 2014); Pinder v. State, 128 So.3d 141, 143 (Fla. 5th DCA 2013).
AFFIRMED.
BENTON, CLARK, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dygart v. State, 247 So. 3d 655 (Fla. 1st DCA 2018)…our months in prison, plus sex-offender probation. Dygart appealed, arguing insufficient evidence, entrapment, and double jeopardy, among others. This court affirmed with a short opinion that addressed only the doublejeopardy issue. Dygart v. State, 163 So. 3d 1292 (Fla. 1st DCA 2015), quashed by Dygart v. State, 2016 WL 1700524 (Fla. Apr. 28, 2016). On that issue, the court concluded it was bound by this court’s earlier precedent holding that “dual convictions for violation of sections 847.0135(3) and 847.013…
Authorities Cited
- Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014)
- State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013)
- Hartley v. State, 129 So. 3d 486 (Fla. 4th DCA 2014)
- Pinder v. State, 128 So. 3d 141 (Fla. 5th DCA 2013)
- Cantrell v. State, 132 So. 3d 931 (Fla. 1st DCA 2014)
- Elsberry v. State, 130 So. 3d 798 (Fla. 1st DCA 2014)
- Snow v. State, 157 So. 3d 559 (Fla. 1st DCA 2015)
- Hernandez v. State, 135 So. 3d 352 (Fla. 1st DCA 2013)
- Benjie Sperling v. The Bank OF NEW York Mellon, 159 So. 3d 975 (Fla. 3d DCA 2015)
- Littleman v. State, 159 So. 3d 975 (Fla. 1st DCA 2015)