Legal Opinion

Cason v. State

District Court of Appeal of Florida

Decided January 14, 2019No. 1D17-4376Published

1Per curiam

Altaony Cason argues that his two convictions for resisting an officer without violence violate the prohibition against double jeopardy because both convictions were based on one continuous criminal episode, albeit involving two officers. The State concedes error, and we agree. E.g. , R.J.R. v. State , 88 So.3d 264, 266-68 (Fla. 1st DCA 2012) ; D.A.R. v. State , 22 So.3d 850, 851 (Fla. 4th DCA 2009) ; Fogle v. State , 754 So.2d 878, 879 (Fla. 1st DCA 2000). We reverse and remand for the trial court to vacate one of the convictions. See Johnson v. State , 246 So.3d 1277 (Fla. 1st DCA 2018).

Rowe…

2Cases cited4 opinions

  1. Fogle v. StateDistrict Court of Appeal of Florida · 2000
  2. Akeem William David Johnson v. State of FloridaDistrict Court of Appeal of Florida · 2018
  3. D.A.R. v. StateDistrict Court of Appeal of Florida · 2009
  4. R.J.R. v. StateDistrict Court of Appeal of Florida · 2012

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