CARL DUKE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Meshell, 2 So. 3d 132 (Fla. 2009)
  …AUSE DISTINCT ACTS As the Fifth District noted, in cases of sexual battery, Florida courts have focused on whether the acts forming the basis of the charges are “distinct.” For example, in Duke v. State, 444 So. 2d 492, 493 (Fla. 2d DCA), approved, 456 So. 2d 893 (Fla.1984), the Second District Court of Appeal reviewed two convictions for attempted sexual battery: one attempted anal penetration and one attempted vaginal penetration. The two attempts occurred within seconds of each other. Id. at 494. The defe…

  ← 1 / 2 →
• Saavedra v. State, 576 So. 2d 953 (Fla. 1st DCA 1991)
  …(1987).2 Sexual battery of a separate character and type requiring different elements of proof warrant multiple punishments. See Duke v. State, 444 So. 2d 492 (Fla. 2nd DCA ) (vaginal penetration followed a moment later by anal penetration), aff'd, 456 So. 2d 893 (Fla.1984); Grunzel v. State, 484 So. 2d 97 (Fla. 1st DCA 1986), (cunnilingus followed a few seconds later by vaginal intercourse); Begley v. State, 483 So. 2d 70 (Fla. 4th DCA 1986) (attempted vaginal intercourse, attempted cunnilingus, fellatio, c…
• Drawdy v. State, 98 So. 3d 165 (Fla. 2d DCA 2012)
  …8] tery of a separate character and type requiring different elements of proof warrant multiple punishments.”); accord Schwenn v. State, 898 So. 2d 1130, 1132 (Fla. 4th DCA 2005). See, e.g., Duke v. State, 444 So. 2d 492, 493-94 (Fla. 2d DCA), ajfd, 456 So. 2d 893 (Fla.1984) (vaginal penetration followed by anal penetration a moment later); Grunzel v. State, 484 So. 2d 97 (Fla. 1st DCA 1986) (cunnilingus followed by vaginal intercourse seconds later); Bass v. State, 380 So. 2d 1181 (Fla. 5th DCA 1980) (oral s…

Authorities Cited

• State v. Hogan, 451 So. 2d 844 (Fla. 1984)
• Rusaw v. State, 451 So. 2d 469 (Fla. 1984)