Ortiz-Medina v. State

On Motion for rehearing

We grant the parties’ motions for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

Appellant appeals his convictions and sentences for armed kidnapping and aggravated assault with a deadly weapon, claiming that they violate double jeopardy. We agree and reverse his conviction and sentence for aggravated assault with a deadly weapon.

A defendant’s double jeopardy rights are violated when he is convicted of two “[ojffenses which require identical elements of proof.” § 775.021(4)(b)l., Fla. Stat. In James v. State, 386 So.2d 890,…