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Doyle v. State

Florida Court of Appeals, Fifth District

February 23, 2018

ANTHONY DOYLE, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

         Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.

          James S. Purdy, Public Defender, and Glendon George Gordon, Jr, Assistant Public Defender, Daytona Beach, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

          PER CURIAM.

         Anthony Doyle appeals his convictions and sentences for extortion under section 836.05, Florida Statutes (2015), and written threats to kill or do bodily injury under section 836.10, Florida Statutes (2015), arguing that the dual convictions violate double jeopardy. We agree and therefore reverse and remand for resentencing.

         The evidence adduced at trial was that Doyle sent a handwritten letter to his pastor, threatening "a slow and painful death" for the pastor's children and their families if the pastor failed to deliver $15, 000 to Doyle or if he notified the police. Doyle claimed that he also received a letter, which he showed to the pastor, stating that the pastor had a package that Doyle was to pick up and take to the alleged extorters, or they would kill Doyle's parents and wife.

         Doyle became the subject of the police investigation because the two letters contained the same handwriting and matched the handwriting in a written statement Doyle had provided the police in an unrelated case.[1] The jury returned a guilty verdict on both charges. Doyle was sentenced to five years' incarceration on each charge, with each sentence to run concurrently, followed by ten years of probation. The sole issue on appeal is whether double jeopardy precluded convictions on both charges.

         Section 836.05, "Threats; extortion, " provides:

Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

§ 836.05, Fla. Stat. (2015).

         Section 836.10, "Written threats to kill or do bodily injury; punishment, " provides:

Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication ...

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