Boardwine v. State of Florida

Summary

The Florida Second District Court of Appeal affirmed Gary Boardwine's conviction for using computer services or devices to solicit certain illegal acts. It vacated his conviction and sentence for unlawful use of a two-way communication device on double-jeopardy grounds and remanded for resentencing using a corrected scoresheet listing only his actual convictions.

Holdings

1. The conviction and sentence for unlawful use of a two-way communication device violated the prohibition against double jeopardy and had to be vacated.
2. Because the unlawful-use judgment and sentence were vacated, Boardwine was entitled to be resentenced on the remaining conviction using a corrected scoresheet listing only his actual convictions.
3. The court affirmed that judgment without comment.

Questions Presented

1. Whether Boardwine's convictions for use of computer services or devices to solicit certain illegal acts and unlawful use of a two-way communication device violated double jeopardy.
2. What relief was required after vacating the unlawful-use conviction and sentence, including whether resentencing on the remaining conviction was necessary.

Disposition

vacated