KENNETH EUGENE GOLDSMITH, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Stapler v. State, 190 So. 3d 162 (Fla. 5th DCA 2016)
  …Fla. 2d DCA 2014). Because Stapler was charged with single counts of solicitation and traveling based on the same conduct, we find that dual convictions under both subsections (3)(b) and (4)(b) violate his double-jeopardy rights. See Agama v. State, 181 So. 3d 571, 571 (Fla. 2d DCA 2015).- As charged, the communications between Stapler and the undercover officers constitute only a single criminal episode of solicitation, which was then followed by traveling. - We affirm Stapler’s conviction - under ' section…
• Honaker v. State, 199 So. 3d 1068 (Fla. 5th DCA 2016)
  …court has held that double jeopardy prohibits dual convictions when a defendant is charged for “single counts of solicitation and traveling based on the same conduct.” Stapler v. State, 190 So. 3d 162, 165 (Fla. 5th DCA 2016) (citing Agama v. State, 181 So. 3d 571, 571 (Fla. 2d DCA 2015)). When a double jeopardy violation occurs, “the proper remedy is to vacate the solicitation conviction because it is the lesser offense.” Senger v. State, 25 So. 338, 41 Fla. L. Weekly D1259, 2016 WL 3030829 (Fla. 5th DCA May…
• Straitiff v. State, 228 So. 3d 1173 (Fla. 5th DCA 2017)
  …hat “[bjecause Stapler was charged with single counts of solicitation and traveling based on the same conduct ... [his] dual convictions under both subsections (3)(b) and (4)(b) violate his double-jeopardy rights.” Id. at 165 (citing Agama v. State, 181 So. 3d 571, 571 (Fla. 2d DCA 2015)). Similarly, in Pamblanco, the defendant was charged with unlawful solicitation and travel that took place over several days in February 2010. 199 So. 3d at 507. We noted that while “the State could have charged [Pamblanco]…