Legal Opinion

Brian Mitchell Lee v. State of Florida

Supreme Court of Florida

Decided December 13, 2018No. SC17-1555PublishedCited by 16 opinions

1Opinion of the CourtPariente, J.

In State v. Shelley , 176 So.3d 914 (Fla. 2015), this Court held that "dual convictions for solicitation and traveling after solicitation based upon the same conduct" violate double jeopardy. Id. at 919 . Today, this Court is asked how a reviewing court should determine whether multiple convictions are based upon the same conduct. More specifically, the conflict issue in this case is whether, in determining if multiple convictions of solicitation of a minor, unlawful use of a two-way communications device, and traveling after solicitation of a minor are based upon the same conduct for…

2Cases cited11 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Valdes v. StateSupreme Court of Florida · 2009
  4. Pizzo v. StateSupreme Court of Florida · 2006
  5. M.P. v. StateSupreme Court of Florida · 1996

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3Cited by16 opinions

  1. Charles Kevin Simpson v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2021
  2. Derek Lang Shine, Jr. v. State of FloridaSupreme Court of Florida · 2019
  3. Michael Deshon Daniel v. State of FloridaDistrict Court of Appeal of Florida · 2019
  4. Antwand Howard v. State of FloridaDistrict Court of Appeal of Florida · 2019
  5. Boardwine v. State of FloridaDistrict Court of Appeal of Florida · 2026

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