NATHAN DYGART
v.
STATE OF FLORIDA
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When the charging document does not clearly establish whether multiple convictions are based on the same conduct, the lesser conviction must be reversed under the double-jeopardy analysis mandated by Lee v. State.
[1] Dual convictions for solicitation of a minor and traveling to meet a minor violate double jeopardy when the traveling statute incorporates the elements of solicitation.
[2] When determining whether multiple convictions violate double jeopardy for solicitation of a minor, unlawful use of a two-way communications device, and traveling after so…
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Join FLexlaw to unlock all legal intelligence“to determine whether multiple convictions of solicitation of a minor, unlawful use of a two-way communications device, and traveling after solicitation of a minor are based upon the same conduct for purposes of double jeopardy, the reviewing court may consider only the charging document.”
The court explained the rule from Lee v. State governing double-jeopardy analysis.
Nathan Dygart was convicted of solicitation of a minor and traveling after solicitation of a minor. The Florida Supreme Court remanded his case to rec…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D13-4977 _____________________________
NATHAN DYGART,
Appellant,
v. STATE OF FLORIDA,
Appellee.
___________________________ On appeal from the Circuit Court for Leon County. Jackie L. Fulford.
May 13, 2019
ON REMAND FROM THE FLORIDA SUPREME COURT PER CURIAM.
This court earlier affirmed Dygart’s convictions, concluding that there was no double-jeopardy violation. See Dygart v. State, 247 So. 3d 655 (Fla. 1st DCA 2018). The Florida Supreme Court has now quashed that decision, remanding for reconsideration based on the intervening decision in Lee v. State, 258 So. 3d 1297 (Fla. 2018). See Dygart v. State, SC18-968 (Fla. Apr. 12, 2019).
In Lee, the Florida Supreme Court held “that to determine whether multiple convictions of solicitation of a minor, unlawful use of a two-way communications device, and traveling after solicitation of a minor are based upon the same conduct for purposes of double jeopardy, the reviewing court may consider only the charging document.” Lee, 258 So. 3d at 1304. Looking only at
2
the information in this case, we cannot conclude one way or the other whether the State based the two charged counts (one for solicitation and one for travel following solicitation) on the same solicitation. In this circumstance, Lee requires that we reverse the lesser conviction.
AFFIRMED in part; REVERSED in part.
WINOKUR and WINSOR, JJ., concur; MAKAR, J., concurs in result only.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dygart v. State, 247 So. 3d 655 (Fla. 1st DCA 2018)…d, arguing insufficient evidence, entrapment, and double jeopardy, among others. This court affirmed with a short opinion that addressed only the doublejeopardy issue. Dygart v. State, 163 So. 3d 1292 (Fla. 1st DCA 2015), quashed by Dygart v. State, 2016 WL 1700524 (Fla. Apr. 28, 2016). On that issue, the court concluded it was bound by this court’s earlier precedent holding that “dual convictions for violation of sections 847.0135(3) and 847.0135(4), Florida Statutes (2011), do not violate double jeopardy.” I…1 / 2
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Sherman v. State, 247 So. 3d 663 (Fla. 1st DCA 2018)
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Dygart v. State, 270 So. 3d 557 (Fla. 1st DCA 2019)
Authorities Cited (15 total)
- State v. Shelley, 176 So. 3d 914 (Fla. 2015)
- Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014)
- State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013)
- Pamblanco v. State, 199 So. 3d 507 (Fla. 5th DCA 2016)
- LEE v. State, 223 So. 3d 342 (Fla. 1st DCA 2017)
- Stapler v. State, 190 So. 3d 162 (Fla. 5th DCA 2016)
- Gangapersad Ramroop v. State, 214 So. 3d 657 (Fla. 2017)
- Edwards v. State, 139 So. 3d 981 (Fla. 1st DCA 2014)
- Tarrand v. State, 199 So. 3d 507 (Fla. 5th DCA 2016)
- Sprouse v. State, 208 So. 3d 785 (Fla. 1st DCA 2016)