ERLING KNUD OVE HANSEN, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The statute prohibiting sexual battery on a person eleven years of age or younger is clear and includes victims who are eleven years and three months old.
Petitioner was charged with sexual battery on an eleven-year-old victim. The trial court dismissed the indictment, finding the victim's age did not fi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ambiguity In Statutes cases and more on FLexlaw
BOYD, Justice.
This cause is before us to review a decision of the District Court of Appeal, First District, State v. Hansen, 404 So. 2d 199 (Fla. 1st DCA 1981). The decision directly and expressly conflicts with State v. Carroll, 378 So. 2d 4 (Fla.4th DCA), cert. denied, 385 So. 2d 761 (Fla.1980). We have jurisdiction to resolve this conflict. Art. V, § 3(b)(3), Fla. Const. Petitioner was charged with sexual battery upon a person eleven years of age or younger in violation of section 794.011(2), Florida Statutes (1979). The trial court granted petitioner’s motion to dismiss the indictment on the ground that since the victim was eleven years and three months of age at the time of the crime, she was not a person eleven years of age or younger as provided for in the statute. The trial court relied on State v. Carroll, which held that the statute is ambiguous and therefore should be construed in favor of the accused. On appeal, the district court reversed and remanded for trial, holding that the statute is clear. We find the reasoning expressed in the opinion of the district court to be correct and we adopt it as our own. The decision of the first district in Hansen is accordingly approved. The decision of the fourth district in Carroll is disapproved.
It is so ordered.
ALDERMAN, C.J., and ADKINS and OVERTON, JJ, concur. McDONALD, j., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
C.W.P. v. State, 424 So. 2d 200 (Fla. 2d DCA 1983)…es. Appellant challenged the propriety of prosecuting him under this statute because his victim was eleven and a half years old at the time of the offense. The trial court correctly ruled that section 794.011(2) was applicable here. Hansen v. State, 421 So. 2d 504 (Fla.1982). The order states in one place that the trial court had found that appellant had committed sexual battery and in the next paragraph that appellant “did ... attempt to commit sexual battery.” (Emphasis supplied.) It is clear that the fir…
-
State v. Helfond, 428 So. 2d 279 (Fla. 3d DCA 1982)…e trial court reduced a sentence pursuant to the opinion and decision reported in [*280] State v. Carroll, 378 So. 2d 4 (Fla. 4th DCA 1979). This opinion and decision was subsequently disapproved by the Supreme Court of Florida. See Hansen v. State, 421 So. 2d 504 (Fla.1982). We therefore reverse the order under review reducing sentence and remand the matter to the trial court to reinstate the thirty (30) year sentence. Reversed and remanded with directions.…
-
Arkow v. State, 707 So. 2d 420 (Fla. 4th DCA 1998)…PER CURIAM. AFFIRMED. See Hansen v. State, 421 So. 2d 504 (Fla.1982). KLEIN and GROSS, JJ., and BROWNELL, SCOTT M., Associate Judge, concur.…
Authorities Cited
- State v. Carroll, 378 So. 2d 4 (Fla. 4th DCA 1979)
- State v. Erling Knud Ove Hansen, Jr., 404 So. 2d 199 (Fla. 1st DCA 1981)