         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-2218
                 _____________________________

ROBERT LEE SMITH,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Duval County.
Russell Healey, Judge.

                        October 17, 2019


PER CURIAM.

     Robert Lee Smith, who was convicted of one count of sexual
battery and one count of unlawful sexual activity with certain
minors, claims these dual convictions violate double jeopardy
because the latter count is subsumed in the former. The State
agrees and concedes error. As such, we reverse and remand with
instructions that Smith’s conviction and sentence as to the
unlawful sexual activity with certain minors count be vacated. See
State v. Shelley, 176 So. 3d 914, 919-20 (Fla. 2015) (“When an
appellate court determines that dual convictions are
impermissible, the appellate court should reverse the lesser
offense conviction and affirm the greater.”).

    REVERSED and REMANDED.
RAY, C.J., and MAKAR and M.K. THOMAS, JJ., concur.

                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.




                              2
