Tanisha Roebuck v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TANISHA ROEBUCK, Appellant, v. Case No. 5D12-1061 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 2, 2013 Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant, Tanisha Roebuck, was convicted of resisting an officer with violence and resisting an officer without violence. She appeals claiming a double jeopardy violation. We agree. The acts giving rise to both convictions involved the same officer and occurred during the same incident as part of one criminal episode with no temporal break. See Davila v. State, 98 So. 3d 122 (Fla. 5th DCA 2012). Therefore, we reverse the conviction for resisting an officer without violence. REVERSE and REMAND. SAWAYA, PALMER and EVANDER, JJ., concur.

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