State v. Gonzalez
| Decision Date | 30 October 2009 |
| Docket Number | No. 5D09-374.,5D09-374. |
| Citation | 24 So.3d 595 |
| Court | Florida District Court of Appeals |
| Parties | STATE of Florida, Appellant, v. Steven GONZALEZ, Appellee. |
Appeal from the Circuit Court for Marion County, Willard Pope, Judge.
Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.
Deana K. Marshall of Law Office of Deana K. Marshall, P.A., Riverview, for Appellee.
The State of Florida appeals a final order granting Steven Gonzalez's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court granted the motion relying on Meshell v. State, 980 So.2d 1169 (Fla. 5th DCA 2008), rev'd, State v. Meshell, 2 So.3d 132 (Fla.2009), cert. den., ___ U.S. ___, 130 S.Ct. 110, 175 L.Ed.2d 73 (2009), and a finding that Gonzalez's dual convictions for lewd and lascivious battery violated double jeopardy based upon an insufficient temporal break between the different acts of misconduct alleged in the information. Applying the supreme court's later decision in Meshell, it is clear that there was no double jeopardy violation. Accordingly, we reverse the order on appeal, and remand with directions that Gonzalez's motion be denied. Lockhart v. Fretwell, 506 U.S. 364, 371-72, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993).
REVERSED AND REMANDED.
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Drawdy v. State
...(Fla. 4th DCA 2009) (upholding four convictions for serial, distinct lewd and lascivious batteries in same episode); State v. Gonzalez, 24 So.3d 595 (Fla. 5th DCA 2009) (approving dual convictions for lewd and lascivious battery in single episode). Meshell, of course, involved section 800.0......
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