Appeals Court Sets Aside 2 of Casey Anthony's Convictions

Judges on the 5th District Court of Appeals agreed with Anthony's attorneys Friday that two of the charges constituted double jeopardy, or being convicted more than once for the same crime

Friday, Jan 25, 2013  |  Updated 1:47 PM EDT
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Casey Anthony smiles before the start of her sentencing hearing on charges of lying to a law enforcement officer at the Orange County Courthouse July 7, 2011.

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A Florida appellate court has set aside two of the four convictions Casey Anthony faced for lying to detectives during the investigation into her missing 2-year-old daughter.

Judges on the 5th District Court of Appeals agreed with Anthony's attorneys Friday that two of the charges constituted double jeopardy, or being convicted more than once for the same crime. 

"We cannot conclude that the Legislature intended to authorize separate punishment for each false statement made during a single interview," the judges said in their ruling. 

The judges, however, ruled that the trial court was correct to allow her statements to detectives to be used during her murder trial. Anthony's attorneys had argued that she was in police custody at the time and hadn't been read her Miranda rights. They also had argued that Anthony should have been convicted of only a single count of lying because of the double jeopardy concern.

But the judges said there was a break in time between two interviews Anthony had with detectives.

"Where there is a sufficient temporal break between two alleged criminal acts so as to have allowed a defendant time to pause, reflect and form a new criminal intent, a separate criminal episode will have occurred," the judges said. 

Anthony was acquitted of killing Caylee in 2011. Jurors convicted her of four counts of lying to detectives, and her attorneys appealed those convictions. Anthony was sentenced to time served for the misdemeanors.

She was sentenced to a year of probation after her release from jail for an unrelated case. Her whereabouts have been kept secret since she was released from state supervision last year.

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