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Altaony Lemor Cason v. State of Florida, 17-4376 (2019)

Court: District Court of Appeal of Florida Number: 17-4376 Visitors: 5
Filed: Jan. 14, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4376 _ ALTAONY LEMOR CASON, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge. January 14, 2019 PER 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
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-4376
                 _____________________________

ALTAONY LEMOR CASON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.


                        January 14, 2019

PER 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, OSTERHAUS, and KELSEY, JJ., concur.
               _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________

Andy Thomas, Public Defender, and Robin B. Rogers, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Brooke Moody, Attorney General, and Heather Flanagan
Ross, Assistant Attorney General, Tallahassee, for Appellee.




                             2

Source:  CourtListener

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