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STATE v. SHOLL

No. 1D08-4826.

18 So.3d 1158 (2009)

STATE of Florida, Appellant, v. John C. SHOLL, Appellee.

District Court of Appeal of Florida, First District.

September 25, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellant.

Nancy Jones Gaglio, of Jones Gaglio, P.A., Panama City, for Appellee.

HAWKES, C.J.

John Sholl was charged in a two-count information with lewd or lascivious exhibition (Count I) and transmitting an image harmful to minors by electronic device (Count II). Both charges arose from the same underlying act. Sholl moved to dismiss the charges pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) (2008), claiming the exhibition charge lacked factual support and the transmission charge violated the constitutional prohibition against double...

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