Florida Supreme Court says multiple convictions for same criminal activity violates Double Jeopardy
Last week, the Florida Supreme Court clarified a case we’ve written about extensively and which might offer relief for some of our members. Two years ago, the court ruled you could not get “dual convictions” for effectively the same course of conduct. Last week the court clarified how to determine whether it’s the same course of conduct.
In 2015, in State v. Shelley, 176 So. 3d 914 (Fla. 2015), the Florida Supreme Court held that “dual convictions for solicitation and traveling after solicitation based upon the same conduct” violate double jeopardy.
Since then, however, certain appellate courts have found that if you chat about traveling on one day and then actually travel on another, these are separate conducts and you can be charged with two crimes. A disparity existed between the 1st District Court of Appeal and the Second and Fifth Districts, so the Florida Supreme Court stepped in to create the final rule.
In Lee v. Florida, Lee had placed a Craigslist ad looking for a casual encounter with a male under 25. An undercover officer responded, claiming to be only 14. Lee took the bait and a series of chats ensued over the next couple of weeks, culminating with Lee traveling to meet the “minor” on the 12th day. He was convicted of three crimes; one count of traveling to meet a minor to engage in sexual conduct,
one count of unlawful use of a two-way communications device to facilitate the commission of a felony, and one count of using a computer to facilitate or solicit the sexual conduct of a child.
He argued, as per Shelley, that because these were all part and parcel of the same criminal act, he can’t be charged with three different crimes. The state argued, that because he traveled on January 2nd but engaged in the chats on various times between December 22nd and January 1st, they are three separate crimes.
The Supreme Court put the argument to rest by ruling that “dual convictions for solicitation and traveling after solicitation that are “based upon the same conduct” violate double jeopardy. Likewise, multiple convictions of solicitation, unlawful use of a two-way communications device, and traveling after solicitation based upon the same conduct violate double jeopardy.”
They vacated Lee’s solicitation and unlawful use of a two-way communications device be vacated.
If you have a case similar to Lee’s, in which you were convicted of multiple crimes arising from the same course of conduct, you might want to consult with your criminal defense attorney to see if you are eligible for relief.
Thank you for this post. Its very inspiring.
Well in my case I was charged with 3 crimes all from the same 2 minute encounter. I molested my cousin whom was 15 at the time. I touched her breast and rubbed her Vag. The state charged me with Lewd & Lascivious Assault for touching the breasts, Lewd & Lascivious Assault for touching her Vag, and Sexual Assault – Non-Violent -no force or weapon was used for the whole encounter. My paid attorney said they would never convict me on all of them. But what the state does is charge you multiple times for the same acts then after 6 months of hearings only agree to drop the charges if you agree to plead guilty to one of them or threaten you with a 21 year sentence if you go to trial and get convicted on all of them. Its not right, I never intended to go to trial and always planned on pleading guilty. My public defender said he could of plead this down to one charge of indecent assault. But I didn’t believe him and went with a crooked paid attorney that got me a ten year sentence. Three in and 7 years on probation for pleading guilty to the one lewd charge of touching her Vag. 20 years later and I am still paying the price with the register for life in Florida. I dont even live in Florida since 2001. My NJ attorney says he can get me off of the yearly NJ registration, but Florida will never remove me from theirs no matter what Jersey says. So why bother to ever try and get off it. The Florida registry has got me kicked of a Carnival Cruise line and now Airbnb.
How would I go about it, I domt make enough mo eye to hire a lawyer let alone live. And basically and probably legally I’m a complete idiot. All through school there is proof of that and even had to take special reading comprehension classes. It’s not an excuse and I no right from wrong which is why I never ever talked to minors only adults. Hence the 34year old woman I was talking to. Understanding basic conversations is a challenge and trying to understand anything past basic is impossible for me. Is there actually any hope as to getting help. And this isnt a pity thing or attention thing. Just explaining, I know all of our lives are extremely difficult