CHRISTOPHER CHEPELEVICH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Christopher Chepelevich challenges his convictions for use of a computer to solicit a child for unlawful sexual activity as criminalized by section 847.0135(3)(a), Florida Statutes (2012), and traveling to meet a child for the purpose of engaging in unlawful sexual activity as criminalized by section 847.0135(4)(a), on the grounds that they violate the prohibition against double jeopardy.1 “[D]ual convictions for solicitation and traveling after solicitation based upon the same conduct impermissibly place [the defendant] in double jeopar-dy_” State v. Shelley, 176 So.3d 914, (Fla. June 25, 2015). Because his dual convictions were based upon the same conduct, they violate the prohibition against double jeopardy. See Sang Youn Kim v. State, 154 So.3d 1168, 1169-70 (Fla. 2d DCA 2015). Accordingly, we affirm the conviction and sentence for traveling and vacate the conviction and sentence for soliciting as the soliciting offense is subsumed by the traveling offense. Id. at 1170.
Affirmed in part and vacated in part.
KELLY and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watkins v. State, 244 So. 3d 341 (Fla. 2d DCA 2018)…offenses Watkins was convicted of was entirely proven by the other, and the record shows that Watkins had committed both offenses during the same criminal episode, convictions for both offenses violated double jeopardy. See Chepelevich v. State, 184 So. 3d 1138 (Fla. 2d DCA 2015). As such, we reverse and remand for the trial court to vacate Watkins' judgment and sentence for unlawful use of a two-way communications device. We affirm all other claims raised in this appeal. Affirmed in part, reversed i…
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State v. Denson (Fla. 1st DCA 2024)
Authorities Cited
- State v. Shelley, 176 So. 3d 914 (Fla. 2015)
- Sang Youn KIM v. State, 154 So. 3d 1168 (Fla. 2d DCA 2015)