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.
hypothetically asking:
first background :
someone was accused of a concensual sex crime say in 1997.
they were originally charged with a dozen accusations for the exact same one time happened act. 1 charge for a kiss, 1 charge for foreplay,1 charge for sex, 1 charge more foreplay…ect..ect….
they accept a plea agreement to 1charge consensual sex and 1 charge attempted….
obviously the penalty has became draconian since then and no where resembling the original agreement. (civil of course)..everyone knows added penal punishments are civil..(right)
question : since the charges are now considered illegal because they were all for the same act what does that mean potentially ?
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.
Thats great news FAC. Actually exciting news. I have a question?
What about if you wanted to apeal
But you have no money to hire a criminal defense attorney. What can a person do ?
You might want to call the lawyer that represented you in your underlying case to see if you even have an issue to appeal or seek other relief under. You can try the PD’s office or your local legal aid office, but that’s more of a longshot. It’s unfair, but sometimes saving up is the only option.
I’m still amazed at how often a lawyer will tell me that acceptance of a plea will negate any double Jeopardy challenge.
Doing a simple Google search for:
double Jeopardy
plea
Florida
… tells me otherwise. A Double Jeopardy challenge can be raised at any time.
Answers such as these speak volumes about that particular firm and has me continuing to look elsewhere. Ahhhh, what a wonderful legal system we area part of.
Is this federal or only a Florida ruling? My conviction was in Michigan.
Florida
Good call Fla Supreme Court!!! Common Sense is slowing coming back.
The courts are our only way to get relief. We won’t be getting anything remotely friendly from the governor, legislators and anything else attached to them.
Wow, I was charged something similar, but I was talking to the 34year old mother and met her the same day. Had 3 charges, which violated to double jeopardy law and sentenced to almost 4 years. Wish there was something I could due about that since it was in 2011
You can probably go back anyway. Especially if your having to register more times which increases your responsibilities.. I may be wrong but I think you can. I took a deal and went back after repeated from prison though I was on probation to use “continuing dates of enterprise (due vs Moore) and got off probation using different score sheets. Id be interested to know since this is life time if w are barred; does anyone know?
I was charged with Capital sexual battery, numerous counts of CP, L & L Exhibition and Conduct. The State dropped the Capital sexual battery, and all the CP counts. I pled guilty to the remaining L& L counts. Would this qualify for double jeopardy I wonder?
Google your statue number with the words “case law Florida “. Casetext.com is about the best site for case law. You’d be surprised how much relief is out there and how many cases line up very similar to yours. You can also google your statue numbers with key words like “double jeopardy”…”continuing dates of enterprise” “rule of lenity” ect. I don’t know anything about your charges specifically so do the leg work when you find it consult a couple attorneys that aren’t afraid to represent you, I say a couple because some will say you have nothing when you do. You could always file pro’se which ive done several times and won them all and if your right the court will make the state show cause…we used to tear them up in prison had the bus leaving weekly so many illegal sentences out there, double jeopardy, illegal probation terms like baring you from drinking and making you work 40 hours a week). I bet there are thousands of double jeopardy cases out there for SOs to clear up just based on old case law before this. Good Luck
While it is nice to see a court ruling based on common sense, I sure would like to see them change how such crimes as these are charged in the first place. The convictions here were all for crimes against a minor. However, since there was never an actual minor involved, the maximum charge should be limited to “attempts” to commit the crimes. That carries much smaller sentences, and more accurately describes the actions. If society is going to condone entrapment by police, the prosecutors should be limited in charging according to the actual facts of the case, including the real age of the “victim,” rather than charges based on the fantasy scenario instigated by the police. In Michigan, they get many such defendants to plead out to using a computer to commit a crime, even though no victim ever existed. They often promise the defendant a 1-year minimum, without fully explaining that the maximum of 20 years is entirely in the hands of the parole board. These stings create criminals out of people who might never otherwise commit a single crime in their lives.
Basic entrapment at it’s core, there’s plenty of scenerios where the person is dumb for continuance of a conversation once the switch is done and many cases the chatter controls the tone of the convo, many men in prison are innocent, caught off guard. Florida, Georgia and Wa state violate plenty of Icac Standards. Which should lead in many dismissals based on entrapment. People here should take there cases to court if they were caught off guard by Leo’s on ADULT dating apps. Florida is by far the worst state. It suck and driven by funds. The more sentences the more funds.
And people should not arrested by what they think especially if you’ve never committed a crime before. Cops prey on people’s fear which is why so many of these cases are prosecuted. #facts