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MESHELL v. STATE

No. 5D07-2471.

980 So.2d 1169 (2008)

Joshua MESHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

Joshua Meshell appeals from his judgments and sentences on multiple counts of lewd and lascivious battery,1 raising one double jeopardy issue relating to only one of the charges. We agree with Meshell that our prior decision in Capron v. State, 948 So.2d 954 (Fla. 5th DCA 2007), requires reversal of the challenged conviction. However, we also recognize that this result seems irreconcilable...

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