ROBERT LEE SMITH
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A conviction for unlawful sexual activity with certain minors must be reversed where it is subsumed in a conviction for sexual battery.
[1] When one criminal conviction is legally subsumed within another, the lesser conviction must be reversed to avoid double jeopardy violations, while the greater conviction…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When an appellate court determines that dual convictions are impermissible, the appellate court should reverse the lesser offense conviction and affirm the greater.”
Court cited State v. Shelley in explaining the appropriate remedy for subsumed convictions
Robert Lee Smith was convicted of sexual battery and unlawful sexual activity with certain minors. The State conceded that the latter count was subsum…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Lesser Included Offense cases and more on FLexlaw
October 17, 2019 PER CURIAM.
Robert Lee Smith, who was convicted of one count of sexual battery and one count of unlawful sexual activity with certain minors, claims these dual convictions violate double jeopardy because the latter count is subsumed in the former. The State agrees and concedes error. As such, we reverse and remand with instructions that Smith’s conviction and sentence as to the unlawful sexual activity with certain minors count be vacated. See State v. Shelley, 176 So. 3d 914, 919-20 (Fla. 2015) (“When an appellate court determines that dual convictions are impermissible, the appellate court should reverse the lesser offense conviction and affirm the greater.”).
REVERSED and REMANDED.
2
RAY, C.J., and MAKAR and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.