Batista v. State, 104 So. 3d 1217 (Fla. 5th DCA 2012). · Go Syfert
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Batista v. State, 104 So. 3d 1217 (Fla. 5th DCA 2012). Cases Citing This Book View Copy Cite
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Strongest positive: Arena Football League and Arena Football One, LLC v. Bryon Bishop (fladistctapp, 2017-06-06)
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discussed Cited as authority (rule) Arena Football League and Arena Football One, LLC v. Bryon Bishop
Fla. Dist. Ct. App. · 2017 · confidence medium
A claimant does not always need a formal employment contract to receive workers’ compensation benefits, of course, see, e.g., Jenks v. Bynum Transp., Inc., 104 So.3d 1217, 1222 (Fla. 1st DCA 2012), but the parties agree that Bishop’s claim depends on this Contract. *1245 Bishop contends the Contract shows he was an AFL employee; the AFL contends just the opposite. 2 The judge of compensation claims sided with Bishop, and the AFL appeals.
Junior J. BATISTA
v.
STATE of Florida
No. 5D11-1294.
District Court of Appeal of Florida, Fifth District.
Dec 14, 2012.
104 So. 3d 1217
Paula C. Coffman, Orlando, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Berger, Lawson, Sawaya.
Published
PER CURIAM.

Appellant, Junior Batista, appeals his convictions for one count of lewd or lascivious molestation and one count of lewd or lascivious conduct. He raises two issues on appeal, but only one merits discussion. Batista claims that dual convictions for lewd or lascivious molestation and lewd or lascivious conduct, based on the single act of rubbing his genitals on the victim’s leg during a single episode, violate the prohibition against double jeopardy. The State properly concedes error on Batista’s double jeopardy claim. See Cruz v. State, 941 So.2d 1245, 1246 (Fla. 5th DCA 2006). Accordingly, we reverse the conviction for lewd or lascivious conduct and remand this matter to the trial court with instructions to vacate the judgment and sentence on that count.[1] Finding no merit in Batista’s other claim, we affirm the conviction for lewd or lascivious molestation but remand for resentencing.

AFFIRMED in part, REVERSED in part, and REMANDED.

SAWAYA, LAWSON and BERGER, JJ., concur.
1

The proper remedy when multiple convictions violate double jeopardy is to vacate the conviction for the lesser offense and affirm the conviction for the greater one. Capron v. State, 948 So.2d 954, 961 (Fla. 5th DCA 2007); Hardy v. State, 705 So.2d 979, 981 (Fla. 4th DCA 1998).