JESUS S. DOSAL vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JESUS S. DOSAL, Appellant, v. Case No. 5D18-2245 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 15, 2019 Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie VincentTripp, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant, Jesus S. Dosal, appeals his judgment and sentence rendered after a jury convicted him of battery and lewd and lascivious molestation of a child under twelve years old. Appellant argues, inter alia, that his dual convictions violate double jeopardy. The State properly concedes error, and we agree. See Fjord v. State, 634 So. 2d 714, 715 (Fla. 4th DCA 1994). We therefore vacate Appellant’s conviction for battery. We otherwise affirm. AFFIRMED in part; VACATED in part; and REMANDED. LAMBERT, EISNAUGLE, and GROSSHANS, JJ., concur. 2

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