Alan Lynsdale Hamilton v. State of Florida
163 So. 3d 1277
| Fla. Dist. Ct. App. | 2015Background
- Defendant Alan Hamilton communicated by cell phone with an undercover officer posing as a 14‑year‑old girl and arranged a meeting after soliciting sexual activity.
- On May 4, 2012, Hamilton drove to the agreed meeting place (a bowling alley) and was arrested there.
- Hamilton was convicted at a non‑jury trial of traveling to meet a minor (section 847.0135(4)) and unlawful use of a two‑way communications device (section 934.215), among other convictions in related cases.
- The State charged each offense as occurring “on or about May 4, 2012,” treating them as part of a single criminal episode.
- Hamilton appealed on four grounds; the First DCA addressed whether the dual convictions violated double jeopardy and affirmed or vacated convictions as appropriate.
Issues
| Issue | Plaintiff's Argument (Hamilton) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether convictions for traveling to meet a minor and unlawful use of a two‑way communications device violate double jeopardy | The two‑way‑device offense is subsumed by the elements of traveling to meet a minor and both arose from the same criminal episode, so convictions cannot stand together | The offenses are distinct and/or occurred over multiple days, so dual convictions are permitted | Court vacated the two‑way communications device conviction as subsumed and occurring in the same episode; traveling conviction affirmed |
| Whether other raised issues merit reversal (three additional claims) | Challenged convictions/sentences on other grounds (not specified here) | State defended convictions | Court found no merit and affirmed those convictions |
Key Cases Cited
- Mizner v. State, 154 So. 3d 391 (Fla. 2d DCA 2014) (two‑way communications use subsumed by online‑solicitation/traveling offenses; vacated device conviction)
- Murphy v. State, 124 So. 3d 323 (Fla. 1st DCA 2013) (distinguishing dual‑conviction analysis where statutory offenses differ)
- Brown v. State, 617 So. 2d 744 (Fla. 1st DCA 1993) (possession/use‑of‑firearm‑during‑felony conviction subsumed when identical elements overlap with underlying felony)
- Cleveland v. State, 587 So. 2d 1145 (Fla. 1991) (double jeopardy principles applied to firearm‑during‑felony statutes)
- Gracia v. State, 98 So. 3d 1243 (Fla. 3d DCA 2012) (discussing double jeopardy and offenses that incorporate "any felony")