LEWIS v. STATE (1999)

District Court of Appeal of Florida,Third District.

Claudia P. LEWIS, Appellant, v. The STATE of Florida, Appellee.

No. 99-1343.

Decided: July 14, 1999

Before NESBITT, SHEVIN and SORONDO, JJ.

Claudia P. Lewis, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Pursuant to the state's proper confession of error, we reverse the order denying defendant's Florida Rule of Criminal Procedure 3.850 motion asserting double jeopardy violations in her convictions. Battery convictions violate double jeopardy when defendant is also charged with and convicted of burglary with a battery, and the battery is the same in both charges. See Crawford v. State, 662 So.2d 1016 (Fla. 5th DCA 1995); Febles v. State, 654 So.2d 615 (Fla. 3d DCA 1995); Watson v. State, 646 So.2d 288 (Fla. 2d DCA 1994); Slater v. State, 543 So.2d 424 (Fla. 5th DCA 1989); Bradley v. State, 540 So.2d 185 (Fla. 5th DCA 1989). Defendant's convictions and sentences on counts 3, 5, and 6 are hereby vacated. This cause is remanded for resentencing.

The order denying relief is affirmed on all other grounds.

Affirmed in part; reversed in part; and remanded for resentencing.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network