Double Jeopardy: State v. Shelley
It has become a matter of course. If you received a conviction for soliciting and traveling to meet a minor, your conviction for BOTH can be overturned under the principal of double-jeopardy, if both charges arise from the same course of conduct.
Last week the 1st DCA remanded another case, stating; “in accordance with the mandate from the supreme court, this cause is remanded to the trial court with instructions to vacate Murphy’s conviction and sentence for the lesser-included offense of solicitation as prohibited by section 847.0135(3)(b)”
If you were convicted of both, we advise to contact your attorney.
what if convicted only of solicitation to commit L&L
You will need to consult a criminal defense attorney. FAC is not a law firm and we are not qualified to offer legal advise.
Why is 800.04 also not subsumed by 847 (Traveling)? The statue for 847 even says “Anyone who attempts 800.04.” This is so important! Why is it ignored?
What if you were charged with computer child exploitation and transferring harmful material to a minor- both counts involve the same victim, can it be seen as “both charges arise from the same course of conduct”
You will need to ask your attorney, but the Shelley case dealt with different offenses.
Does this help the stacking of charges? Florida likes to do things such as attempted sexual battery or some main charge then they like to throw in False Imprisonment for the hell of it. My alleged victim was free to come and go and did yet later they decide to always add that False Imprisonment saying you somehow prevented that person from leaving stemming from the original alleged act. Resisting arrest without and violence and witness tampering or deprivation of a 911 emergency device also. Had those type of charges thrown out but they love to stack em.
Thanks