ROBERT LOUIS ROBERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1987-12-22
No. BR-217
ERVIN and JOANOS, JJ., concur.
517 So. 2d 99 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 4 cases

Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

The conviction and sentence on Count III are vacated. The facts establish that appellant’s conduct constituted one continuous sexual battery. The situation is therefore distinguishable from that found in Grunzel v. State, 484 So. 2d 97 (Fla. 1st DCA 1986), in which the defendant committed two separate acts that violated the sexual battery statute. The other issues on appeal are without merit. The remaining convictions and the sentences are AFFIRMED.

ERVIN and JOANOS, JJ., concur.


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  • Barragan v. City OF Miami, 545 So. 2d 252 (Fla. 1989)
    …ers’ compensation benefits up to his average monthly wage. The First District Court of Appeal reversed on the authority of City of Miami v. Knight, 510 So. 2d 1069 (Fla. 1st DCA), review denied, 518 So. 2d 1276 (Fla.1987). City of Miami v. Barragan, 517 So. 2d 99 (Fla. 1st DCA 1987). In Giordano’s case the deputy commissioner originally held the offset to be impermissible. The First District Court of Appeal affirmed this ruling without opinion in City of Miami v. Giordano, 488 So. 2d 538 (Fla. 1st DCA 1986).…
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  • Saavedra v. State, 576 So. 2d 953 (Fla. 1st DCA 1991)
    …exual battery of the same type and character committed against the same victim. Otherwise stated, relying primarily on such cases as Carawan v. State, 515 So. 2d 161 (Fla.1987), Wade v. State, 368 So. 2d 76 (Fla. 4th DCA 1979) and Roberson v. State, 517 So. 2d 99 (Fla. 1st DCA 1987), he contends that he was convicted three times for one continuous act. While finding no Florida case directly on point, the state nonetheless asserts that each assault occurred at a different time and location and that in betwee…
  • Giordano v. City OF Miami, 526 So. 2d 737 (Fla. 1st DCA 1988)
    …Florida Statutes (1985), from reducing a claimant’s pension benefits in accordance with the City’s municipal ordinance. City of Miami v. Knight, 510 So. 2d 1069 (Fla. 1st DCA), rev. denied, 518 So. 2d 1276 (Fla.1987). In City of Miami v. Barragan, 517 So. 2d 99 (Fla. 1st DCA 1987), the issue of pension offset was again raised. This court reversed the deputy’s ruling that the pension offset could not be taken citing City of Miami v. Knight, 510 So. 2d 1069. The court then certified to the supreme court the…

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