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Preston v. State

District Court of Appeal of Florida, Fourth District
May 23, 2001
785 So. 2d 713 (Fla. Dist. Ct. App. 2001)
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Opinion

No. 4D00-523.

Opinion filed May 23, 2001.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Larry Schack, Judge; L.T. Case No. 98-1784 CFA.

Affirmed; conviction for resisting without violence Vacated.

Richard G. Bartmon of Law Offices of Bartmon Bartmon, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions and sentences on all charges except resisting officer without violence, which we vacate. Appellee concedes, and we agree, that on the facts in this case, convictions for both resisting with violence and resisting without violence constitute double jeopardy in that these dual convictions arose out of a continuous single episode. See Wallace v. State, 724 So.2d 1176 (Fla. 1998); see also Monnar v. State, 752 So.2d 1252 (Fla. 1st. DCA 2000).

AFFIRMED; CONVICTION FOR RESISTING WITHOUT VIOLENCE VACATED.

Shahood, Hazouri, JJ., and Mihok, A. Thomas, Associate Judge, Concur.

Summaries of

Preston v. State

District Court of Appeal of Florida, Fourth District
May 23, 2001
785 So. 2d 713 (Fla. Dist. Ct. App. 2001)
Case details for

Preston v. State

Case Details

Full title:JAMES PRESTON, JR., Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 23, 2001

Citations

785 So. 2d 713 (Fla. Dist. Ct. App. 2001)

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