BENJAMIN v. STATE

No. 4D08-1832.

77 So.3d 781 (2011)

Larry BENJAMIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 21, 2011.


Attorney(s) appearing for the Case

Philip J. Massa , Regional Counsel, and Louis G. Carres , Special Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Joseph A. Tringali , Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

The issue presented in this case is whether appellant's convictions for lewd or lascivious molestation and lewd or lascivious conduct violate double jeopardy. Because the charges involved a single criminal episode, and the statutory provisions involve the same elements under the Blockburger test, we hold that they violate double jeopardy and reverse.

Appellant was charged by information with four counts. This appeal involves only two. Count...

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