Mays v. State

NORTHCUTT, Judge.

A jury convicted Gary Mays of first-degree felony witness tampering and of two third-degree felony counts of being a principal to perjury. We reverse the witness tampering conviction because it violated double jeopardy.

One of the principal-to-perjury charges was based on Mays’s procuring of witness L.B. to testify falsely in a deposition in another criminal proceeding. See §§ 777.011, 837.02(1), Fla. Stat. (2011). The tampering charge concerned Mays’s offer of pecuniary gain to induce L.B. to testify untruthfully in that deposition. See § 914.22(l)(f), Fla. Stat. (2011). Mays…