          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                          No. 1D17-26
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NICHOLAS DWIGHT BYRAM,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________

On appeal from the Circuit Court for Baker County.
James M. Colaw, Judge.

                        February 15, 2019

PER CURIAM.

     Nicholas Byram (“Byram”) appeals his convictions and
sentences on four grounds, only one of which merits discussion. He
contends the trial court fundamentally erred by violating his
double jeopardy rights through his separate convictions for
resisting arrest with and without violence.

     Byram was convicted on, among other charges, one count of
resisting arrest with violence and one count of resisting arrest
without violence. Because a defendant’s continuous resistance to
an ongoing attempt to effect his arrest can be convicted only as one
count of resisting arrest, we reverse. See Johnson v. State, 246 So.
3d 1277 (Fla. 1st DCA 2018). As the conviction for resisting
without violence violates double jeopardy, it must be vacated and,
if the reversal alters the lowest permissible sentence, Byram
should be resentenced.
     AFFIRMED in part; REVERSED in part; and REMANDED with
instructions.

B.L. THOMAS, C.J., and ROWE and M.K. THOMAS, JJ., concur.
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    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 Joanna A. Mauer, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, and Samuel B. Steinberg,
Assistant Attorney General, Tallahassee, for Appellee.




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