IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
HO YEAON SEO, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D12-3179
STATE OF FLORIDA,
Appellee.
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Opinion filed June 17, 2016.
An appeal from the Circuit Court for Leon County.
Charles W. Dodson, Judge.
Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for
Appellant/Cross-Appellee.
Pamela Jo Bondi, Attorney General; Donna A. Gerace and Justin D. Chapman,
Assistant Attorneys General, Tallahassee, for Appellee/Cross-Appellant.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
We previously affirmed Appellant’s convictions for unlawful use of
computer service in violation of section 847.0135(3)(a), Florida Statutes, and
traveling to meet a minor in violation of section 847.0135(4)(a). Seo v. State, 143
So. 3d 1189 (Fla. 1st DCA 2014). Thereafter, the Florida Supreme Court quashed
our decision and remanded for reconsideration in light of State v. Shelley, 176 So.
3d 914 (Fla. 2015), which held that double jeopardy principles prohibit separate
convictions for solicitation under section 847.0135(3)(b) and traveling to meet a
minor after solicitation pursuant to section 847.0135(4)(b) if the charges are based
on the same conduct.
After the remand, we ordered the State to show cause why Appellant’s
conviction and sentence for the lesser included offense should not be vacated based
on Shelley. The State filed a response stating that, “[p]ursuant to Shelley and the
specific facts of this case, the State does not oppose this Court vacating
Appellant’s conviction and sentence for unlawful use of a computer service to
solicit a minor.” Accordingly, we remand for the trial court to vacate Appellant’s
conviction and sentence for the lesser included offense of using a computer online
service to solicit a minor. In all other respects, we affirm for the reasons stated in
our original opinion.
AFFIRMED in part; REVERSED in part; REMANDED with instructions.
WETHERELL, JAY, and WINSOR, JJ., CONCUR.
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