Legal Opinion

Morrison v. State

District Court of Appeal of Florida

Decided September 29, 2017No. Case No. 5D16-1054Published

1Per curiam

Appellant Romayne Morrison appeals his convictions for attempted sexual battery and battery.1 We affirm his conviction and sentence for attempted sexual battery. However, the battery was part and parcel of the attempted sexual battery, and a separate conviction for that charge was precluded by double jeopardy. See, e.g., Parton v. State, 59 So.3d 1212, 1213 (Fla. 5th DCA 2011) (“[A] defendant can be convicted of both [attempted] sexual battery and battery. However, if the battery is based on the same acts that form the basis for the sexual battery, double jeopardy prohibits dual convictions.”…

2Cases cited2 opinions

  1. Garcia v. StateDistrict Court of Appeal of Florida · 2000
  2. Parton v. StateDistrict Court of Appeal of Florida · 2011

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