FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-4376
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ALTAONY LEMOR CASON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.
January 14, 2019
PER CURIAM.
Altaony Cason argues that his two convictions for resisting an
officer without violence violate the prohibition against double
jeopardy because both convictions were based on one continuous
criminal episode, albeit involving two officers. The State concedes
error, and we agree. E.g., R.J.R. v. State, 88 So. 3d 264, 266–68
(Fla. 1st DCA 2012); D.A.R. v. State, 22 So. 3d 850, 851 (Fla. 4th
DCA 2009); Fogle v. State, 754 So. 2d 878, 879 (Fla. 1st DCA 2000).
We reverse and remand for the trial court to vacate one of the
convictions. See Johnson v. State, 246 So. 3d 1277 (Fla. 1st DCA
2018).
ROWE, OSTERHAUS, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Robin B. Rogers, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Brooke Moody, Attorney General, and Heather Flanagan
Ross, Assistant Attorney General, Tallahassee, for Appellee.
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