Shipman v. State

In this Anders1 appeal, the State concedes that there is a double jeopardy violation which requires reversal for vacation of one of Appellant’s convictions. The information charged Appellant with sexual battery on a person aged 12 years or older, and lewd or lascivious battery on a person .aged 12 years or older but less than 16 years -of age, and the record indicates the charges were based upon the same event. Appellant entered an open plea to the court without reservation of this issue, but because this double jeopardy violation constitutes fundamental error, it may be addressed for the…