DOSAL v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Jesus S. DOSAL, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2245

Decided: November 15, 2019

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

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.

PER CURIAM.

LAMBERT, EISNAUGLE, and GROSSHANS, JJ., concur.

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