BINNS v. STATE

No. 4D07-181.

979 So.2d 439 (2008)

Leighton BINNS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

April 23, 2008.


Attorney(s) appearing for the Case

Leighton Binns, South Bay, pro se.

Bill McCollum, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for respondent.


WARNER, J.

Petitioner claims ineffective assistance of appellate counsel in failing to raise as fundamental error a violation of double jeopardy in his multiple convictions for lewd and lascivious conduct. Because two of the charges occurred during a single episode, we grant the petition in part and direct the dismissal of one count of lewd and lascivious molestation. In all other respects, we deny the petition.

Binns was charged in five counts for sexual...

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