EDUARDO HERNANDEZ
v.
STATE OF FLORIDA
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Double jeopardy principles prohibit separate convictions for solicitation and traveling based on the same conduct, requiring vacation of the lesser-included solicitation conviction.
[1] Double jeopardy principles prohibit separate convictions for solicitation and traveling based on the same conduct when the offenses arise from a single course of conduct.
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Join FLexlaw to unlock all legal intelligenceHernandez was convicted of using a computer online service to solicit a person believed to be a child to engage in unlawful sexual conduct and of trav…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D12-5952 _____________________________
EDUARDO HERNANDEZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.
June 28, 2018
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
This court previously affirmed Eduardo Hernandez’s convictions and sentences for use of a computer online service to solicit a person believed to be a child to engage in unlawful sexual conduct in violation of section 847.0135(3)(a), Florida Statutes (2011), and for thereafter traveling for the purpose of engaging in unlawful sexual conduct with a person believed to be a child in violation of section 847.0135(4)(a), Florida Statutes (2011). See Hernandez v. State, 135 So. 3d 352 (Fla. 1st DCA 2013). After issuance of that opinion, the Florida Supreme Court ruled that double jeopardy principles prohibit separate convictions for solicitation and traveling based on the same conduct. State v. Shelley, 176 So. 3d 914, 919 (Fla. 2015).
2
In light of Shelley, the Florida Supreme Court quashed our opinion in Hernandez. See Hernandez v. State, No. SC14-2008 (Fla. June 8, 2016). Therefore, in accordance with the mandate from the supreme court, this cause is remanded to the trial court with instructions to vacate Hernandez’s conviction and sentence for the lesser-included offense of solicitation as prohibited by section 847.0135(3)(a). REMANDED with instructions. LEWIS, OSTERHAUS, and JAY, JJ., concur.
_____________________________
Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Charles R. McCoy, Senior Assistant Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Shelley, 176 So. 3d 914 (Fla. 2015)
- Hernandez v. State, 135 So. 3d 352 (Fla. 1st DCA 2013)