Neu v. State
The Sixth DCA held that Neu's convictions for both computer solicitation of a minor (count 6) and travel after solicitation (count 8) violated double jeopardy because the amended information did not make clear that the State relied on separate acts of solicitation to support each charge. Applying the Florida Supreme Court's Shelley and Lee decisions alongside the court's own Banda three-part framework (as refined by Trappman), the court found the offenses were the same in law (elements of solicitation are subsumed within travel-after-solicitation) and, because the charging document used identical date ranges and locations for both counts without distinguishing separate conduct, the same in fact. The court reversed the solicitation conviction (count 6) and remanded for resentencing on the remaining counts.
Key facts
- Defendant Neu was convicted of both computer solicitation of a minor (count 6) and travel after solicitation (count 8) in the trial court.
- The amended information charged both offenses using identical date ranges and locations without distinguishing separate acts of solicitation between the two counts.
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Why it matters
This decision provides a clear, practical illustration of how Florida's post-Trappman double jeopardy framework (the Banda three-part test) applies to the recurring pairing of computer solicitation and… — full analysis with a trial
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