Decker v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 MIRANDA DECKER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-631 [July 27, 2011] PER CURIAM. Appellant appeals her convictions for official misconduct and falsifying records. We find the trial court did not abuse its discretion in denying appellant s motion for a statement of particulars, because the motion essentially asked the state to prove its entire case before trial, and appellant failed to demonstrate a lack of notice, prejudice, surprise, or an inability to prepare an adequate defense. See Brown v. State, 473 So. 2d 1260 (Fla. 1985); Harrison v. State, 557 So. 2d 151 (Fla. 4th DCA 1990). However, we find that appellant s dual convictions violate her constitutional protection against double jeopardy, as both offenses arose out of the same factual event, and each offense does not contain a separate element not contained within the other. See § 775.021(4)(a), Fla. Stat. (2011); Blockburger v. United States, 284 U.S. 299 (1932). As such, we reverse and remand for the trial court to vacate appellant s conviction and sentence for falsifying records. Affirmed in part, reversed in part, and remanded. DAMOORGIAN, CIKLIN and LEVINE, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia G. Imperato, Judge; L.T. Case No. 0810171CF10A. Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant. Pamela J o Bondi, Attorney General, Tallahassee, a n d Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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