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State v. Hanna11/14/2003
they are not part of the same criminal episode, even when they are related. See e.g., State v. Deratany, 410 So. 2d 977 (Fla. 5th DCA 1982) (false report of theft to police; false claim of same theft to insurance company four days later); Giglio v. State, 392 So. 2d 1004 (Fla. 4th DCA 1981) (burglary of auto on day one; forgery of credit card slip next day for card taken in burglary); Jarrell v. State, 756 So. 2d 1102 (Fla. 1st DCA 2000) (lewd conduct and carnal knowledge of same victim on different days). Under these circumstances, the temporal separation evinces separate crimes with a separate criminal intent existing for each crime. Our second observation is that, even when the temporal separation is not significant, when different crimes are involved, they are not deemed a part of the same criminal episode unless they are based on substantially the same acts. Compare State v. Van Winkle, 407 So. 2d 1059 (Fla. 5th DCA 1981) (attempted murder; marijuana cultivation), State v. Floyd, 639 So. 2d 128 (Fla. 2d DCA 1994) (prostitution; possession of drugs), State v. Walker, 390 So. 2d 411 (Fla. 4th DCA 1980) (vehicular homicide; leaving scene of accident), and State v. Lynch, 445 So. 2d 687 (Fla. 2d DCA 1984) (battery on law officer; possession of cocaine) with Reed v. State, 649 So. 2d 227 (Fla. 1995) (robbery and kidnaping charges based on same conduct), Carter v. State, 432 So. 2d 797 (Fla. 2d DCA 1983) (driving intoxicated; revoked license), State v. Kelly, 407 So. 2d 257 (Fla. 2d DCA 1981) (trafficking in two different pistols as part of same transaction), Robinson v. Lasher, 368 So. 2d 83 (Fla. 4th DCA 1979) (reckless driving resulting in manslaughter), Crain v. State, 302 So. 2d 433 (Fla. 2d DCA 1974) (driving under the influence of a prohibited drug; possession of prohibited drug found in car).
Here, the distribution of obscenity charges clearly arose from separate episodes than that for which Appellee was arrested on August 16th. The offenses occurred on separate dates and involved different acts. Likewise, we conclude that the unlicensed operation offenses alleged in the information are different episodes than the unlicensed operation offense for which Appellee was arrested on August 16th. Although the license violations involved the same type of conduct, they comprise distinct criminal acts that occurred on different days. Under Orange County code, each different day of operation without a license constitutes a separate offense. Therefore, each day of operation without a license is a separate criminal act or episode. Jarrell, 756 So. 2d at 1103.
Based on the foregoing, the order granting discharge on counts lll through Vll and count Xl is reversed.
REVERSED AND REMANDED.
SHARP, W., and PETERSON, JJ., concur.
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