Peacock v. State

ON MOTION FOR CLARIFICATION

EVANDER, J.

We grant Appellant’s Motion for Clarification, withdraw our previous opinion, and substitute this opinion in its place.

Dana Peacock appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. We find Peacock’s argument on appeal has merit because the record reflects, on its face, that Peacock’s sentence had been enhanced in violation of double jeopardy principles.1

A jury found Peacock guilty of two counts of sexual activity with a minor by a person in familial or custodial authority (Counts I and VII), four…