ALTAONY LEMOR CASON
v.
STATE OF FLORIDA
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Two convictions for resisting an officer without violence arising from a single continuous criminal episode violate double jeopardy protections and one conviction must be vacated.
[1] When a defendant is convicted of multiple counts of resisting an officer without violence arising from a single continuous criminal episode, even though different officer…
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Join FLexlaw to unlock all legal intelligenceAltaony Cason was convicted of two counts of resisting an officer without violence based on a single continuous criminal episode involving two differe…
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_____________________________ On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge.
January 14, 2019 PER CURIAM.
Altaony Cason argues that his two convictions for resisting an officer without violence violate the prohibition against double jeopardy because both convictions were based on one continuous criminal episode, albeit involving two officers. The State concedes error, and we agree. E.g., R.J.R. v. State, 88 So. 3d 264, 266–68 (Fla. 1st DCA 2012); D.A.R. v. State, 22 So. 3d 850, 851 (Fla. 4th DCA 2009); Fogle v. State, 754 So. 2d 878, 879 (Fla. 1st DCA 2000). We reverse and remand for the trial court to vacate one of the convictions. See Johnson v. State, 246 So. 3d 1277 (Fla. 1st DCA 2018).
ROWE, OSTERHAUS, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Robin B. Rogers, Assistant Public Defender, Tallahassee, for Appellant. Ashley Brooke Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fogle v. State, 754 So. 2d 878 (Fla. 1st DCA 2000)
- R.J.R. v. State, 88 So. 3d 264 (Fla. 1st DCA 2012)
- D.A.R. v. State, 22 So. 3d 850 (Fla. 4th DCA 2009)
- Akeem William David Johnson v. State, 246 So. 3d 1277 (Fla. 1st DCA 2018)