Nicholas J. FREDERICK, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· March 21, 2014 · Docket No. 5D12-1125
135 So. 3d 471
Syllabus
Nicholas J. FREDERICK, Appellant, v. STATE of Florida, Appellee. No. 5D12-1125. District Court of Appeal of Florida, Fifth District. March 21, 2014. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
Full Opinion (1,063 characters)
PER CURIAM. Nicholas Frederick appeals the judgment and sentence entered against him after a jury found him guilty of numerous charges. Because the aggravated assault convictions on Counts V and VI involved the same victims as in Counts II and III and each offense occurred within the same criminal episode, we vacate the convictions on Counts V and VI based on double jeopardy principles. Fleming v. State, 75 So.3d 397, 400 (Fla. 5th DCA 2011). In all other respects, we affirm. AFFIRMED, in part; VACATED, in part. PALMER, EVANDER and BERGER, JJ., concur. . At trial, the jury found Frederick guilty of the following: Count I, attempted voluntary manslaughter (as a lesser included offense of attempted first-degree murder); Counts II and III, aggravated assault (as lesser included offenses of attempted first-degree murder); Count IV, resisting an officer with violence; Counts V-VIII, aggravated assault; Count IX, fleeing or attempting to elude a law enforcement officer at high speed or with wanton disregard; and Count XI, grand theft of a motor vehicle.
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