DAVILA v. STATE

No. 5D11-2845.

98 So.3d 122 (2012)

Ralph Joelly DAVILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 20, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Michael S. Becker , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellee.


COHEN, J.

Following a jury trial, Ralph Davila was convicted of both resisting an officer with and without violence. Orange County Sheriff's Deputy Homstead was the victim of each offense. On appeal, Davila argues his conviction for resisting without violence constitutes double jeopardy. We agree and reverse.

If the offenses occurred as part of one criminal episode or transaction, then separate convictions for both resisting with and without violence are prohibited...

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