JESUS S. DOSAL
v.
STATE OF FLORIDA
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Dual convictions for battery and lewd and lascivious molestation of a child arising from the same conduct violate double jeopardy and the battery conviction must be vacated.
[1] Dual convictions for battery and lewd and lascivious molestation of a child arising from the same conduct violate double jeopardy principles and the lesser-included offen…
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Join FLexlaw to unlock all legal intelligenceJesus S. Dosal was convicted by jury of battery and lewd and lascivious molestation of a child under twelve years old. The convictions arose from the …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JESUS S. DOSAL,
Appellant,
v. Case No. 5D18-2245
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed November 15, 2019
Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge.
James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent- Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant, Jesus S. Dosal, appeals his judgment and sentence rendered after a jury convicted him of battery and lewd and lascivious molestation of a child under twelve years old. Appellant argues, inter alia, that his dual convictions violate double jeopardy. The State properly concedes error, and we agree. See Fjord v. State, 634 So. 2d 714,
2 715 (Fla. 4th DCA 1994). We therefore vacate Appellant’s conviction for battery. We otherwise affirm. AFFIRMED in part; VACATED in part; and REMANDED.
LAMBERT, EISNAUGLE, and GROSSHANS, JJ., concur.
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