Legal Opinion

Kist v. State

District Court of Appeal of Florida

Decided December 29, 2006No. 2D05-4374Published

1Opinion of the Court

VILLANTI, Judge.

In accordance with the holding in Kist v. State, 900 So.2d 571 (Fla. 2d DCA 2004), John E. Kist seeks a new appeal of his convictions for grand theft and insurance fraud for the same transaction because the convictions violate double jeopardy protections. See Hays v. State, 844 So.2d 705 (Fla. 2d DCA 2008). The State rightfully concedes the error. We reject all other grounds raised by Kist. Accordingly, we reverse the convictions and sentences on counts 3, 5, 10, 12, and 17. In all other regards, we affirm.

Affirmed in part; and reversed and remanded for the trial court to…

2Cases cited2 opinions

  1. Kist v. StateDistrict Court of Appeal of Florida · 2004
  2. Hays v. StateDistrict Court of Appeal of Florida · 2003

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