Unlawful Use Of A Two-Way Communications Device

30 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Mizner v. State
  154 So. 3d 391· Fla. 2d DCA· 2014-12-03 ·cited 39×
  Stephen Mizner appeals his convictions for soliciting a parent to consent to sex with a minor, traveling to meet a minor, unlawful use of a two-way communications device, and attempted sexual battery arising from a law enforcement "sexual mentor" sting operation. The Second Distr
• Hamilton v. State
  163 So. 3d 1277· Fla. 1st DCA· 2015-05-27 ·cited 33×
  Dual convictions for traveling to meet a minor and unlawful use of a two-way communications device violate double jeopardy when both offenses occurred within the same criminal episode and the elements of the latter are subsumed within the former.
• Holubek v. State
  173 So. 3d 1114· Fla. 5th DCA· 2015-08-28 ·cited 22×
  Holubek appeals his convictions for posting a Craigslist ad soliciting sexual conduct with a minor. The court affirmed convictions for solicitation and traveling to meet a minor, but reversed the conviction for unlawful use of a two-way communications device as violating double j
• LEE v. State
  258 So. 3d 1297· Fla.· 2018-12-13 ·cited 21×
  The Florida Supreme Court held that when reviewing multiple convictions for double jeopardy violations under State v. Shelley, appellate courts must consider only the charging document, not the entire evidentiary record, to determine whether convictions are based on the same cond
• Honaker v. State
  199 So. 3d 1068· Fla. 5th DCA· 2016-08-19 ·cited 20×
  Dual convictions for solicitation and traveling to meet a minor for sexual activity, and for unlawful use of a two-way communications device and traveling to meet a minor for sexual activity, violate double jeopardy when based on the same conduct.
• Batchelor v. State
  193 So. 3d 1054· Fla. 2d DCA· 2016-06-15 ·cited 20×
  William Batchelor was convicted of traveling to meet a minor, unlawful use of a two-way communications device, and attempted lewd battery following a law enforcement sting operation. The Second District Court of Appeal affirmed his convictions for traveling to meet a minor and at
• State v. Davis
  141 So. 3d 1230· Fla. 1st DCA· 2014-06-25 ·cited 8×
  Florida appeals a downward departure sentence imposed on Davis for soliciting and traveling to meet a minor. The First District affirms the departure based on the unsophisticated nature of the offense and Davis's remorse, while rejecting the state's challenge to the sentencing ra
• Lashley v. State
  194 So. 3d 1084· Fla. 1st DCA· 2016-06-28 ·cited 6×
  David Lashley was convicted of multiple offenses related to soliciting a minor via computer and traveling to meet the minor. The appellate court affirmed his conviction for traveling to meet a minor but reversed his convictions for improper use of a computer to solicit and unlawf
• Weitz v. State
  196 So. 3d 466· Fla. 2d DCA· 2016-06-24 ·cited 5×
  Florida appellate court affirmed convictions for transmitting harmful material to a minor and unlawful use of a two-way communications device, but reversed and remanded sentences because the trial court improperly imposed consecutive sentences for charges arising from the same cr
• Luders Croissy v. State
  404 So. 3d 419· Fla. 4th DCA· 2025-01-08 ·cited 3×
  A defendant convicted of drug trafficking and related offenses appealed his conviction and sentence on three grounds. The appellate court affirmed the conviction-related issues but reversed the sentencing order due to discrepancies between the oral pronouncement and written judgm
• Sanchez v. State
  270 So. 3d 515· Fla. 2d DCA· 2019-05-03 ·cited 3×
  The conviction for unlawful use of a two-way communications device must be reversed because the State failed to present evidence that the walkie-talkies were used in furtherance of the burglary, and any attempt to prove usage through inference would require impermissible stacking
• Dominguez v. State
  429 So. 3d 636· Fla. 2d DCA· 2026-02-18 ·cited 2×
  Dominguez was convicted of multiple counts of sexual battery and lewd or lascivious battery. The court affirmed convictions for sexual battery counts I and III because the charging document alleged distinct acts (different types of sexual contact), but reversed the conviction for
• Bermudez v. State
  Fla. 2d DCA· 2018-01-26 ·cited 2×
  A conviction for both traveling to meet a minor and unlawful use of a two-way communications device violates double jeopardy when both crimes arise from the same criminal episode.
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-01
  228 So. 3d 87· Fla.· 2017-10-12 ·cited 2×
  The Florida Supreme Court approved proposed amendments to five standard criminal jury instructions governing transferred intent, solicitation of minors for sexual conduct, and traveling to meet minors. The Court authorized the amended instructions for publication and use, with mi
• Demarquarius Deonte Truitt v. State
  146 So. 3d 1289· Fla. 1st DCA· 2014-09-23 ·cited 2×
  Appellant's conviction for improper use of computer services to solicit a minor and traveling to meet a minor was affirmed; dual convictions do not violate double jeopardy because the statutes reflect legislative intent to punish the offenses separately.
• Hatcher v. State
  401 So. 3d 571· Fla. 2d DCA· 2025-01-03 ·cited 1×
  Convictions for solicitation and unlawful use of a two-way communications device are subsumed within the offense of traveling to meet a minor when committed as part of the same criminal episode, violating double jeopardy.
• Wright v. State
  268 So. 3d 208· Fla. 2d DCA· 2019-04-10 ·cited 1×
  When a defendant enters an open plea without a specific sentencing agreement, a double jeopardy violation based on undisputed facts can be raised for the first time on appeal as fundamental error. The unlawful use of a two-way communications device charge is subsumed within a cha
• Kania v. State
  243 So. 3d 1032· Fla. 2d DCA· 2018-04-11 ·cited 1×
  When unlawful use of a two-way communications device is subsumed within traveling to meet a minor and both offenses are charged as occurring during the same time period, convicting on both violates double jeopardy and the communications device conviction must be vacated.
• Landis v. State
  Fla. 4th DCA· 2024-12-11
  The trial court did not abuse its discretion in disqualifying Landis's original counsel based on a conflict of interest arising from the counsel's prior consultation with Landis's codefendant, and the conflict persisted after the codefendant's death because attorney-client privil
• Lawrence v. State
  Fla. 5th DCA· 2024-11-22
  The trial court abused its discretion by admitting testimony from the investigating officer regarding his experience with over 50 other hand-to-hand drug transactions and 48 prior controlled buys to explain gaps in the State's evidence and bolster the officer's credibility. Such
• Mykel Anthony Nelson v. State
  Fla. 5th DCA· 2024-01-12
  A trial court violates due process when it relies on a defendant's lawful firearm possession in sentencing, even if the court claims not to have considered it, where the state presented no evidence that the possession was unlawful and did not charge any firearm-related offense.
• Berry v. State
  Fla. 2d DCA· 2020-11-13
  The appellate court reversed a conviction for unlawful use of a two-way communications device, finding the state failed to prove the crime occurred in the charged county. The court held that while venue is not jurisdictional and can be waived, the defendant did not waive the issu
• Walker v. State
  Fla. 1st DCA· 2020-05-18
• Dygart v. State
  270 So. 3d 557· Fla. 1st DCA· 2019-05-13
  On remand from the Florida Supreme Court, the First District Court of Appeal reconsiders Dygart's double-jeopardy challenge to convictions for solicitation of a minor and traveling after solicitation of a minor. In light of the intervening Lee v. State decision, the court reverse
• Pasicolan v. State
  268 So. 3d 279· Fla. 1st DCA· 2019-05-02
  The appellant appealed his convictions on three issues, challenging two convictions as violating double jeopardy protections. The appellate court affirmed the first two issues without comment and initially affirmed the double jeopardy challenge under Lee v. State, but subsequentl
• Coffey v. State
  268 So. 3d 278· Fla. 1st DCA· 2019-05-02
  Dual convictions for computer solicitation and traveling to meet a minor do not violate double jeopardy when the solicitations constitute separate criminal episodes based on distinct conduct with a temporal break between them. The trial court properly excluded evidence of the def
• Weitz v. State
  244 So. 3d 350· Fla. 2d DCA· 2018-04-18
  A pro se inmate's motion is deemed filed under the mailbox rule when handed to prison officials, and if filed before entry of an order on the initial motion, it may be amended. The postconviction court erred in denying the motion for rehearing without considering the timely secon
• Pasicolan v. State
  240 So. 3d 792· Fla. 1st DCA· 2017-08-14
  The court held that the appellant's convictions for traveling to meet a minor, unlawful use of a two-way communications device, and transmission of material harmful to minors did not violate double jeopardy because they arose from separate criminal episodes and distinct acts.
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2016-12
  216 So. 3d 1281· Fla.· 2017-04-27
  The Court authorizes the publication and use of proposed amendments to jury instruction 21.15 and the adoption of new instruction 29.26.
• Mills v. State
  196 So. 3d 571· Fla. 5th DCA· 2016-07-29
  Appellant's convictions for soliciting a minor using a computer device and unlawful use of a two-way communications device were reversed as violating double jeopardy principles because their elements were subsumed within the traveling to meet a minor offense.