Legal Opinion
Weitz v. State
District Court of Appeal of Florida
Decided October 25, 2017No. Case 2D16-4703PublishedCited by 3 opinions
1Opinion of the Court
SALARIO, Judge.
Joseph Weitz has filed a petition under Florida Rule of . Appellate. Procedure 9.141(d) arguing three grounds of ineffective assistance of . appellate counsel. We grant relief on ground one, which is based upon Mr. Weitz’s assertion that appellate counsel failed to argue,that Mr. Weitz’s dual convictions for transmitting material harmful to minors under section 847.0138, Florida Statutes (2012), and unlawfully using a two-way communications device under section 934.215, Florida Statutes (2012), violate double jeopardy. We deny grounds two and three without comment.
A jury…
2Cases cited8 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- State of Florida v. Dean Alden ShelleySupreme Court of Florida · 2015
- Lowe v. StateSupreme Court of Florida · 2008
- Shelley v. StateDistrict Court of Appeal of Florida · 2014
- Kist v. StateDistrict Court of Appeal of Florida · 2004
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3Cited by3 opinions
- JOHN AARON JACKSON v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2021
- JOSEPH WEITZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
- Renford v. InchDistrict Court, S.D. Florida · 2022