Double jeopardy in Perdido doctor sex case

A former family doctor at Perdido Bay Family Care, was arrested in January 2014 after he used Craigslist and text messages to arrange sexual intercourse with an individual he believed to be a 14-year-old male. At trial, Lee was convicted of three offenses: traveling to meet a minor after using a computer to seduce, solicit or lure the minor; unlawful use of a two-way communications device; and use of a computer service to seduce, solicit or lure a person believed to be a child. He was ultimately sentenced to two years of community control and 13 years of probation, as well as being designated as a sexual offender.

Lee appealed his convictions and sentence, arguing his use of the phone and computer to contact the minor were elements of his travel after solicitation offense, not separate crimes. On Monday, the Florida First District Court of Appeal agreed, reversing two of Lee’s three convictions and writing, “We cannot presume with certainty that (Lee) was not convicted of the same act in all three counts.”

 

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