FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED.
from the Circuit Court for Seminole County, Debra S. Nelson,
S. Purdy, Public Defender, and Glendon George Gordon, Jr,
Assistant Public Defender, Daytona Beach, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Kaylee D.
Tatman, Assistant Attorney General, Daytona Beach, for
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.
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
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. 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.
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).
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 ...