Summary
holding that appellant's conviction for culpable negligence violated double jeopardy as it arose from same criminal episode and involved same victim, and thus was lesser offense subsumed by greater offense of neglect of child causing great bodily harm, permanent disfigurement, or permanent disability
Summary of this case from Hare v. StateOpinion
No. 5D10–3884.
04-20-2012
Lauren G. GRESS, Appellant, v. STATE of Florida, Appellee.
James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant challenges the judgments and sentences she received for the offenses of culpable negligence and two counts of neglect of a child causing great bodily harm, permanent disfigurement, or permanent disability. The State properly concedes that the conviction for culpable negligence is a double jeopardy violation because it arose from the same criminal episode, involving the same victim, and was a lesser offense subsumed by a greater offense. Accordingly, we reverse the judgment and sentence for culpable negligence. In all other respects, we affirm.
REVERSED IN PART; AFFIRMED IN PART.
GRIFFIN, SAWAYA and TORPY, JJ., concur.