Lawrence Alan Neu v. State of Florida

Summary

The Sixth District Court of Appeal of Florida held that punishing Lawrence Alan Neu for both computer solicitation of a minor for sex and travel for sex with a minor after computer solicitation violated double jeopardy. Applying Florida and federal double-jeopardy principles, the court concluded that the charging document did not make clear that the two offenses were based on distinct solicitation conduct. The court reversed the conviction and sentence for the lesser solicitation offense and remanded for resentencing on the remaining counts.

Holdings

1. Separate punishments violate double jeopardy when the offenses are the same in law because the solicitation elements are subsumed within the travel-after-solicitation offense and the offenses are the same in fact because the charging document does not make clear that distinct solicitation acts supported the two charges.
2. To support convictions and punishments for both solicitation and travel after solicitation, the charging document must make clear that the State relied on separate criminal transactions, episodes, or distinct acts within one transaction or episode.
3. The conviction and sentence for the lesser offense of computer solicitation must be reversed, and the case must be remanded for entry of an amended judgment and resentencing on the remaining counts.

Questions Presented

1. Whether separate punishments for computer solicitation of a minor for sex and travel for sex with a minor after computer solicitation violate double jeopardy when the charging document does not make clear that the State relied on distinct solicitation conduct.
2. Whether the charging document, rather than the trial record, controls the determination of whether the two convictions were based on the same conduct for double-jeopardy purposes.
3. What remedy is required when the solicitation offense is the lesser offense subsumed within travel after solicitation.

Disposition

reversed_and_remanded