D.R. v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 D.R., A CHILD, Appellant, v. Case No. 5D07-3129 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 13, 2008 Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge. James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges his separate convictions on two counts of lewd and lascivious molestation based upon double jeopardy grounds. We conclude that the acts that gave rise to the separate charges arose from a single criminal episode. We remand this cause with instructions that the trial judge strike Appellant's conviction as to one of the counts and resentence Appellant accordingly. King v. State, 834 So. 2d 311 (Fla. 5th DCA 2003). REVERSED and REMANDED. ORFINGER, TORPY and COHEN, JJ., concur. 2
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