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
MICHAEL ROGER MILLS,
Appellant,
v. Case No. 5D14-2814
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 29, 2016
Appeal from the Circuit Court
for St. Johns County,
Howard M. Maltz, Judge.
Michael R. Ufferman, of Michael Ufferman
Law Firm, P.A., Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Rebecca Roark Wall,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Michael Roger Mills appeals the judgment and sentence entered against him after
he was found guilty, by a jury, of soliciting a minor using a computer device, in violation
of section 847.0135(3)(a), Florida Statutes (2013), unlawful use of a two-way
communications device, in violation of section 934.215, Florida Statutes (2013), and
traveling to meet a minor, in violation of section 847.0135(4)(a), Florida Statutes (2013).
Mills raises a number of issues on appeal, however, only one warrants reversal: namely,
that his convictions for soliciting a minor using a computer device and unlawful use of a
two-way communication device violate double jeopardy principles because the elements
to prove each are subsumed within the elements for traveling to meet a minor. Based on
the facts of this case and the State’s concession of error, we agree with Mills and conclude
that double jeopardy principles preclude separate convictions under section
847.0135(3)(a), section 934.215, and section 847.0135(4)(a). See State v. Shelley, 176
So. 3d 914, 919 (Fla. 2015); see also Holt v. State, 173 So. 3d 1079, 1081-84 (Fla. 5th
DCA 2015). Accordingly, we reverse Mills’ convictions and vacate his sentences for
soliciting a minor using a computer device and unlawful use of a two-way communication
device. Finding no error in the remaining issues or that any error was harmless, we affirm
in all other respects.
AFFIRMED in part, VACATED, in part.
PALMER, EVANDER and BERGER, JJ., concur.
2