Filed: Jul. 24, 2016
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DEMARQUARIUS DEONTE NOT FINAL UNTIL TIME EXPIRES TO TRUITT, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D13-4051 v. STATE OF FLORIDA, Appellee. _/ Opinion filed July 20, 2016. An appeal from the Circuit Court for Alachua County. Aymer L. Curtin, Judge. Nancy A. Daniels, Public Defender, M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Heather Fl
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DEMARQUARIUS DEONTE NOT FINAL UNTIL TIME EXPIRES TO TRUITT, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D13-4051 v. STATE OF FLORIDA, Appellee. _/ Opinion filed July 20, 2016. An appeal from the Circuit Court for Alachua County. Aymer L. Curtin, Judge. Nancy A. Daniels, Public Defender, M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Heather Fla..
More
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DEMARQUARIUS DEONTE NOT FINAL UNTIL TIME EXPIRES TO
TRUITT, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
CASE NO. 1D13-4051
v.
STATE OF FLORIDA,
Appellee.
___________________________/
Opinion filed July 20, 2016.
An appeal from the Circuit Court for Alachua County.
Aymer L. Curtin, Judge.
Nancy A. Daniels, Public Defender, M.J. Lord, Assistant Public Defender,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Heather Flanagan Ross, Assistant Attorney
General, Tallahassee, for Appellee.
UPON REVIEW BY THE SUPREME COURT
PER CURIAM.
This Court previously affirmed Appellant’s conviction and sentence for
improper use of computer services to solicit a person believed to be a child to
commit a designated illegal act, in violation of section 847.0135(3), Florida
Statutes; traveling to meet a minor, in violation of section 847.0135(4), Florida
Statutes; and unlawful use of a two-way communications device, in violation of
section 924.215, Florida Statutes. Truitt v. State, 146 So. 3d 1289 (Fla. 1st DCA
2014). After issuance of that opinion, the Florida Supreme Court ruled that double
jeopardy principles prohibit separate convictions based on the same conduct for
soliciting and for traveling to engage in unlawful sexual activity with a person
believed to be a minor. State v. Shelley,
176 So. 3d 914 (Fla. 2015). In light of
Shelley, the Florida Supreme Court quashed our opinion in Truitt. Truitt v. State,
2016 WL 1668164 (Fla. April 27, 2016). Accordingly, this cause is remanded to
the trial court with instructions to vacate Appellant’s conviction and sentence for
the lesser included offense of improper use of computer services for solicitation.
Shelley, 176 So. 2d at 919-20.
REMANDED with instructions.
B.L. THOMAS, KELSEY, and WINOKUR, JJ., CONCUR.
2
