HILL v. STATE

No. 1D11-0773.

114 So.3d 1071 (2013)

Thomas HILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 10, 2013.


Attorney(s) appearing for the Case

Robert Augustus Harper, Jr. , of Harper & Harper Law Firm, P.A., Tallahassee, and Robert Augustus Harper, III , of Broad and Cassel, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Joshua R. Heller , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant argues that his convictions for sexual battery by person in a position of familial or custodial authority (count I) and lewd or lascivious battery (count II) based on a single sexual act violate the constitutional prohibition against double jeopardy. In light of the State's concession of error, we reverse Appellant's conviction for count II and remand for the trial court to vacate that conviction.

The double jeopardy violation resulting...

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