Thomas Murphy v. State of Florida , 2017 Fla. App. LEXIS 4477 ( 2017 )

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
STATE OF FLORIDA,
Appellant,
v. CASE NO. 1D12-4514
THOMAS MURPHY
Appellee.
THOMAS MURPHY
Appellant,
v. CASE NO. 1D12-4810
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed March 31, 2017.
An appeal from the Circuit Court for Leon County.
Frank Sheffield, Judge.
Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant
Attorney General, Tallahassee, for State of Florida.
Andy Thomas, Public Defender, Richard M. Summa and Megan Long, Assistant
Public Defenders, Tallahassee, for Thomas Murphy.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
This court previously affirmed Thomas Murphy’s convictions and sentences
for use of a computer service to solicit a person believed to be the parent of a child
to engage in unlawful sexual conduct with a person believed to be a child in
violation of section 847.0135(3)(b), Florida Statutes (2011), and for thereafter
traveling for the purpose of engaging in unlawful sexual conduct with a person
believed to be a child in violation of section 847.0135(4)(b), Florida Statutes
(2011). See State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013). After issuance
of that opinion, the Florida Supreme Court ruled that double jeopardy principles
prohibit separate convictions for solicitation and traveling based on the same
conduct. State v. Shelley, 176 So. 3d 914, 919 (Fla. 2015).
In light of Shelley, the Florida Supreme Court quashed our opinion in
Murphy. See Murphy v. State, No. SC13-2068 (Fla. Apr. 27, 2016). Therefore, in
accordance with the mandate from the supreme court, this cause is remanded to the
trial court with instructions to vacate Murphy’s conviction and sentence for the
lesser-included offense of solicitation as prohibited by section 847.0135(3)(b).
REMANDED with instructions.
LEWIS, OSTERHAUS, and JAY, JJ., CONCUR.
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