Chepelevich v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CHRISTOPHER CHEPELEVICH, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case No. 2D13-6219 ) Opinion filed October 14, 2015. Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge. Howard L. Dimmig, II, Public Defender, and Anthony W. Surber, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. CRENSHAW, Judge. Christopher Chepelevich challenges his convictions for use of a computer to solicit a child for unlawful sexual activity as criminalized by section 847.0135(3)(a), Florida Statutes (2012), and traveling to meet a child for the purpose of engaging in unlawful sexual activity as criminalized by section 847.0135(4)(a), on the grounds that they violate the prohibition against double jeopardy.1 "[D]ual convictions for solicitation and traveling after solicitation based upon the same conduct impermissibly place [the defendant] in double jeopardy . . . ." State v. Shelley, 40 Fla. L. Weekly S362, S364 (Fla. June 25, 2015). Because his dual convictions were based upon the same conduct, they violate the prohibition against double jeopardy. See Sang Youn Kim v. State, 154 So. 3d 1168, 1169-70 (Fla. 2d DCA 2015). Accordingly, we affirm the conviction and sentence for traveling and vacate the conviction and sentence for soliciting as the soliciting offense is subsumed by the traveling offense. Id. at 1170. Affirmed in part and vacated in part. KELLY and WALLACE, JJ., Concur. 1 We reject Chepelevich's other argument raised on appeal without further discussion. -2-

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