CABANELA v. STATE

No. 3D03-2672.

871 So.2d 279 (2004)

Jesus CABANELA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 25, 2004.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN and SHEPHERD, JJ.


PER CURIAM.

Appellant, Jesus Cabanela, appeals the denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, wherein he challenges his convictions and sentences for four counts of lewd assault upon a child under the age of sixteen on the grounds that these sentences violated his protection against double jeopardy, where all of these charges arose out of the same criminal episode. We find merit to his claim and reverse and...

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