FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4858

_____________________________

ISAIAH SALOWITZ,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Clay County.

Michael S. Sharrit, Judge.

September 9, 2019

PER CURIAM.

This is an appeal from a resentencing after the trial court 

partially granted Isaiah Salowitz’s motion for postconviction relief. 

Finding no error, we affirm. 

Procedural History

Salowitz pleaded to four felonies: (1) travelling to meet a 

minor to engage in unlawful acts, (2) using a two-way 

communication device to facilitate a felony, (3) soliciting a child via

a computer to engage in sexual conduct, and (4) soliciting a child’s 

guardian to allow a sexual act. He was sentenced to six years’ 

imprisonment followed by nine years’ sex offender probation on 

count one and to concurrent terms of five years’ imprisonment on 
2

the remaining counts. This Court affirmed his convictions and 

sentences. Salowitz v. State, 171 So. 3d 707 (Fla. 1st DCA 2015) 

(unpublished decision).

Salowitz moved for postconviction relief, raising several 

issues, including that his convictions and sentences violated

double jeopardy because all the counts occurred on the same day,

during a single criminal episode. After an evidentiary hearing, the 

trial court found that two of the counts violated double jeopardy. 

The court partially granted Salowitz’s motion, vacating one of the

convictions for solicitation and also the conviction for using a twoway communications device. Salowitz did not appeal.*

Instead, Salowitz appeared for de novo resentencing on his 

remaining convictions for traveling to meet a minor and 

solicitation of a child via a computer. Following a hearing, the trial 

court reimposed the same sentences—six years’ imprisonment,

followed by nine years’ sex offender probation on count one and five 

years’ imprisonment on count three. This timely appeal follows.

Analysis

This appeal was filed under Anders v. California, 386 U.S. 738 

(1967). Resentencing is a new proceeding where the defendant is 

entitled to the full array of due process rights. State v. Collins, 985 

So. 2d 985, 989 (Fla. 2008). Salowitz was afforded due process. He 

was represented by counsel, he addressed the court, and he 

presented mitigation evidence. The amended written judgment 

shows that the trial court properly vacated counts two and four 

 * After Salowitz appealed the resentencing order, the Florida 

Supreme Court decided Lee v. State, 258 So. 3d 1297 (Fla. 2018). 

But because Salowitz did not appeal the denial of postconviction 

relief as to his remaining convictions, we need not consider 

whether those convictions also violate double jeopardy under the 

holding in Lee. See Love v. State, 559 So. 2d 198, 200 (Fla. 1990)

(holding that when a defendant did not seek review in the supreme 

court of an appellate decision affirming his convictions but

remanding for resentencing, the affirmance of his convictions 

became final and law of the case). 
3

and sentenced Salowitz only on the convictions for traveling to 

meet a minor and soliciting a child via computer to engage in 

sexual conduct. The court imposed legal sentences for each 

offense. Thus, we find no error in the judgment and sentence 

entered on resentencing. 

AFFIRMED.

ROBERTS, ROWE, and BILBREY, 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 A. Victoria Wiggins, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.