State v. Banda
The Sixth DCA reversed a trial court's refusal to sentence a defendant for both solicitation of a minor and transmission of harmful material to a minor, holding that convicting and sentencing on both offenses did not violate double jeopardy. Applying the post-Trappman three-part framework (single episode, Blockburger distinct-acts, and the statutory different-elements test under section 775.021(4)), the court found the offenses have different elements, are not degrees of the same crime, and neither is a Category 1 lesser-included of the other, so no statutory exception barred separate punishment.
Key facts
- Defendant Banda was charged with solicitation of a minor under section 847.0135(3)(a) and transmission of harmful material to a minor under section 847.0138(2), arising from a single criminal episode.
- The trial court refused to sentence the defendant on both offenses, finding that doing so would violate double jeopardy principles.
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Why it matters
This opinion provides a useful template for applying Florida's codified double-jeopardy 'different elements' test post-Trappman to common child-solicitation and harmful-material-transmission charge pairings, which… — full analysis with a trial
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