Filed: Jun. 12, 2016
Latest Update: Mar. 02, 2020
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KEVIN CANTRELL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D12-4952 STATE OF FLORIDA, Appellee. _/ Opinion filed June 13, 2016. An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Assistant Attorney Gene
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KEVIN CANTRELL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D12-4952 STATE OF FLORIDA, Appellee. _/ Opinion filed June 13, 2016. An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Assistant Attorney Gener..
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
KEVIN CANTRELL, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D12-4952
STATE OF FLORIDA,
Appellee.
_______________________________/
Opinion filed June 13, 2016.
An appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.
Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for
Appellant.
Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Assistant Attorney
General, and Samuel A. Perrone Assistant Attorney General, Office of the
Attorney General, Tallahassee, for Appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
This Court previously affirmed Appellant’s convictions for traveling to meet
a person believed to be a minor for the purpose of engaging in unlawful sexual
activity, and unlawful use of a computer service to solicit a person believed to be a
minor to engage in unlawful sexual activity. Cantrell v. State, 132 So. 3d 931 (Fla.
1st DCA 2014). After issuance of that opinion, the Florida Supreme Court ruled
that double jeopardy principles prohibit separate convictions for soliciting and for
traveling to engage in unlawful sexual activity with a person believed to be a minor
when both charges are based on the same conduct. State v. Shelley,
176 So. 3d 914
(Fla. 2015). In light of Shelley, the Florida Supreme Court quashed our opinion in
Cantrell, instructing us to vacate the conviction and sentence for the lesser included
offense. Cantrell v. State,
2016 WL 1669260 (Fla. April 27, 2016) (Case No.
SC14-565). Accordingly, this cause is remanded to the trial court with instructions
to vacate Appellant’s conviction and sentence for the lesser included offense of
solicitation.
REMANDED with instructions.
ROWE, BILBREY, and KELSEY, JJ., CONCUR.
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