Legal Opinion

Fleming v. State

District Court of Appeal of Florida

Decided September 27, 2017No. Case 2D16-469PublishedCited by 3 opinions

1Opinion of the Court

SLEET, Judge.

Larry Donell Fleming appeals his judgment and sentences following a jury trial. Fleming was convicted of sexual battery with a deadly weapon,- lewd or lascivious battery, lewd or lascivious molestation, kidnapping, and fleeing or eluding a law enforcement officer. Because Fleming’s convictions for sexual battery and lewd or lascivious battery violate double jeopardy, we reverse the lewd or lascivious battery conviction and sentence. We affirm Flem-mg’s remaining convictions and sentences without discussion.

At trial, the State presented evidence that Fleming picked up a…

2Cases cited10 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Pizzo v. StateSupreme Court of Florida · 2006
  3. Williams v. StateSupreme Court of Florida · 2007
  4. State of Florida v. Eric J. DrawdySupreme Court of Florida · 2014
  5. Binns v. StateDistrict Court of Appeal of Florida · 2008

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3Cited by3 opinions

  1. McCullough v. StateDistrict Court of Appeal of Florida · 2017
  2. TERRENCE BARNETT v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  3. TERRENCE BARNETT v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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