Mathes v. State
District Court of Appeal of Florida
1Opinion of the Court
WALLACE, Judge.
Christian Michael Mathes challenges his judgment and sentences for conspiracy to commit racketeering and conspiracy to deliver heroin. On appeal, Mr. Mathes asserts for the first time that his convictions *74for both conspiracy to commit racketeering and conspiracy to deliver heroin violate double jeopardy. Because the conspiracy-to-deliver-heroin charge is an underlying objective of the conspiracy-to-commit-racketeering charge, we agree that the dual conspiracy convictions violate double jeopardy. We reverse Mr. Mathes’ conviction and sentence for conspiracy to deliver heroin,1…
2Cases cited7 opinions
- Safrany v. StateDistrict Court of Appeal of Florida · 2005
- Durden v. StateDistrict Court of Appeal of Florida · 2005
- Negron Gil De Rubio v. StateDistrict Court of Appeal of Florida · 2008
- Eichelberger v. StateDistrict Court of Appeal of Florida · 2007
- Haag v. StateDistrict Court of Appeal of Florida · 2011
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3Cited by2 opinions
- Fernandez v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
- Wiles v. StateDistrict Court of Appeal of Florida · 2016