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Cason v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jan 14, 2019
260 So. 3d 1199 (Fla. Dist. Ct. App. 2019)

Opinion

No. 1D17-4376

01-14-2019

Altaony Lemor CASON, Appellant, v. STATE of Florida, Appellee.

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.


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.

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.


Summaries of

Cason v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jan 14, 2019
260 So. 3d 1199 (Fla. Dist. Ct. App. 2019)
Case details for

Cason v. State

Case Details

Full title:ALTAONY LEMOR CASON, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jan 14, 2019

Citations

260 So. 3d 1199 (Fla. Dist. Ct. App. 2019)