LUIS BERMUDEZ
v.
STATE OF FLORIDA
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A conviction for both traveling to meet a minor and unlawful use of a two-way communications device violates double jeopardy when both crimes arise from the same criminal episode.
[1] When two crimes arise from the same criminal episode, a defendant cannot be convicted and sentenced for both offenses if one is a lesser-included offense or if the offens…
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Join FLexlaw to unlock all legal intelligenceLuis Alberto Bermudez pleaded no contest to four charges: traveling to meet a minor, unlawful use of a two-way communications device, resisting an off…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
LUIS ALBERTO BERMUDEZ, ) ) Appellant, ) ) v. ) Case No. 2D15-4361 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 26, 2018. Appeal from the Circuit Court for Polk County; Reinaldo Ojeda, Judge. Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General Tallahassee, and Susan M. Shanahan, Assistant Attorney General, for Appellee.
PER CURIAM.
Luis Alberto Bermudez appeals his judgments and sentences, entered after no contest pleas, for: (1) traveling to meet a minor in violation of section 847.0135(4)(a), Florida Statutes (2012); (2) unlawful use of a two-way communications device to facilitate the commission of a felony in violation of section 934.215, Florida
Statutes (2012); (3) resisting an officer with violence in violation of section 843.01, Florida Statutes (2012); and (4) resisting an officer without violence in violation of section 843.02. He argues, among other things, that a conviction for both traveling to meet a minor and unlawful use of a two-way communications device violates the prohibition against double jeopardy. We agree and note that the State has conceded error on this issue. Because there is no indication in the record that these two crimes were committed other than as part of the same criminal episode, we reverse and remand for the trial court to vacate Mr. Bermudez's judgment and sentence for unlawful use of a two-way communications device. See Batchelor v. State, 193 So. 3d 1054, 1059 (Fla. 2d DCA 2016); Mizner v. State, 154 So. 3d 391, 401 (Fla. 2d DCA 2014); Holt v. State, 173 So. 3d 1079, 1084 (Fla. 5th DCA 2015). We affirm his convictions as to the other charges in all respects, and we affirm all other issues raised on appeal. We remand with instructions for the trial court to resentence Mr. Bermudez consistent with this opinion. Affirmed in part, reversed in part, and remanded with instructions. NORTHCUTT, KHOUZAM, and BADALAMENTI, JJ., Concur.
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Citator
Cited By
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Kania v. State, 243 So. 3d 1032 (Fla. 2d DCA 2018)
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Watkins v. State, 244 So. 3d 341 (Fla. 2d DCA 2018)
Authorities Cited
- Mizner v. State, 154 So. 3d 391 (Fla. 2d DCA 2014)
- Holt v. State, 173 So. 3d 1079 (Fla. 5th DCA 2015)
- Batchelor v. State, 193 So. 3d 1054 (Fla. 2d DCA 2016)
- Gonzalez-Diaz v. State, 173 So. 3d 1079 (Fla. 3d DCA 2015)