Legal Opinion · Concurring in part, dissenting in part

Hughes v. State

District Court of Appeal of Florida

Decided October 21, 2016No. 5D14-4516Published

1Concurring in part, dissenting in partBerger, J.

I concur in the majority’s decision to affirm the trial court’s denial of Appellant’s dispositive motion to dismiss for entrapment. However, because I do not believe that Appellant’s dual convictions for solicitation of a minor on February 3, 2014, and traveling after solicitation to meet á minor on February 4, 2014, violate double jeopardy in this particular case as they were separate and distinct criminal acts, I respectfully dissent.

In this case, the initial paragraph of the amended information charged that the conduct in Count I, soliciting a minor, occurred on February 3, 2014. The…

2Cases cited13 opinions

  1. Hayes v. StateSupreme Court of Florida · 2001
  2. State of Florida v. Dean Alden ShelleySupreme Court of Florida · 2015
  3. Partch v. StateDistrict Court of Appeal of Florida · 2010
  4. Cabrera v. StateDistrict Court of Appeal of Florida · 2004
  5. Shelley v. StateDistrict Court of Appeal of Florida · 2014

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