RONALD PAUL HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ronald Howard was convicted of sexual battery as an aider and abettor under Florida law. The appellate court affirmed his conviction, holding that the evidence sufficiently established that Howard both facilitated and incited sexual acts by accomplices against two victims.
The court held that Howard's conviction as an aider and abettor was supported by sufficient evidence. The evidence showed that Howard not only facilitated but incited and induced the sexual acts by accomplices, establishing both the requisite assistance and intent necessary for aiding and abetting liability.
[1] To convict a defendant as an aider and abettor, the prosecution must prove that the defendant assisted the perpetrator by words or actions that caused, encouraged, assist…
[2] Mere presence at the scene of a crime or knowledge that an offense is being committed does not, in itself, constitute participation in the crime.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order to be convicted as an aider and abettor, it must be shown that the defendant: (1) assisted the actual perpetrator by doing or saying something that causes, encourages, assists or incites the perpetrator to actually commit the crime; and (2) intent on the part of the aider or abettor to participate in the crime.”
Establishes the legal test for aiding and abetting liability under Florida law
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHoward and accomplices forcibly removed a female victim's pants. When Howard's own attempt at sexual intercourse failed due to inability to maintain a…
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PER CURIAM.
Howard appeals his conviction and sentence for sexual battery under Section 777.-011, Florida Statutes (1983), and his sentences for attempted sexual battery and sexual battery. We affirm.
As his first point, Howard challenges his conviction and sentence as an aider and abettor of sexual battery, contending that the evidence was insufficient to prove that he aided and abetted the commission of the offense by another. In order to be convicted as an aider and abettor, it must be shown that the defendant: (1) assisted the actual perpetrator by doing or saying something that causes, encourages, assists or incites the perpetrator to actually commit the crime; and (2) intent on the part of the aider or abettor to participate in the crime. Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983).
While it is true that neither mere presence or knowledge that an offense is being committed can be construed as participation in the crime, in the instant case, the appellant not only facilitated but also incited or induced the sexual acts by another. Appellant’s own attempt at forcible sexual intercourse, after he and an accomplice forcibly removed the victim’s pants, was frustrated solely by his inability to maintain an erection. After causing the first victim to become exposed and thus more vulnerable and likely to be attacked by an accomplice, appellant turned his attention to a second victim, forcing that victim to commit a sexual act. Indeed, the evidence discloses that the actual sexual battery of the first intended victim (by yet another accomplice) occurred while appellant was engaged in the assault on the second victim. From these facts a jury could easily, in our opinion, infer the existence of a common scheme or purpose on the part of all active participants to commit sexual batteries upon both of thé young victims. In addition, by interceding and preventing the first victim’s rescue by the second victim, the defendant further contributed to his accomplice’s sexual acts being carried out.
We find defendant’s second point to be without merit. See Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985).
AFFIRMED.
MILLS, SMITH and THOMPSON, JJ., concur.
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Evans v. State, 643 So. 2d 1204 (Fla. 1st DCA 1994)…son who [*1206] actually committed the crime by doing-or saying something that caused, encouraged, incited or otherwise assisted that person to commit the crime; and (2) that the defendant intended to participate in the crime. E.g., Howard v. State, 473 So. 2d 841 (Pla. 1st DCA 1985). Given the evidence presented at trial, both the trial court and the jury were obliged to accept appellant’s statement as true, because it was reasonable, unrebutted and unimpeached. E.g., Dudley v. State, 511 So. 2d 1052 (Fla. 3…
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Christie v. State, 652 So. 2d 932 (Fla. 4th DCA 1995)…e had to show that defendant (1) assisted the actual perpetrators by doing or saying something that caused, encouraged, assisted or incited the perpetrators to actually commit the crime; and (2) intended to participate in the crime. Howard v. State, 473 So. 2d 841 (Fla. 1st DCA 1985). Thus, while it is true that neither [*935] mere presence or knowledge that an offense is being committed can be construed as participating in the crime, in the case at bar, the totality of the circumstances showed that defendant…
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Sanders v. State, 563 So. 2d 781 (Fla. 1st DCA 1990)…mething that caused, encouraged, assisted, or incited the perpetrator to actually commit the crime; and (2) that the defendant had the specific intent to participate in the crime. C.P.P. v. State, 479 So. 2d 858 (Fla. 1st DCA 1985); Howard v. State, 473 So. 2d 841 (Fla. 1st DCA 1985); Valdez v. State, 504 So. 2d 9 (Fla.2d DCA 1986). Neither mere knowledge that an offense is being committed nor presence at the scene of the crime and flight therefrom are sufficient to establish participation with the requisite…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Turner v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983)
- Olin J. Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985)