JAMES EDWARD MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-04-18
No. 89-01040
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
561 So. 2d 333 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the appellant’s judgment and sentence on the basis of Williams v. State, 559 So. 2d 680 (Fla. 2d DCA 1990) (en banc), and certify to the Florida Supreme Court the same question that we certified in Williams as being one of great public importance.

SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.


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  • Williams v. State, 594 So. 2d 273 (Fla. 1992)
    …218 (Fla. 5th DCA 1990), and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989), to the extent that they conflict with this opinion. It is so ordered. SHAW, C.J. and OVERTON, McDonald, BARKETT, KOGAN and HARDING, JJ., concur. . Mathis v. State, 561 So. 2d 333 (Fla. 2d DCA 1990); Waldon v. State, 559 So. 2d 687 (Fla. 2d DCA 1990); Seiber v. State, 559 So. 2d 687 (Fla. 2d DCA 1990); Campbell v. State, 559 So. 2d 686 (Fla. 2d DCA 1990); Thomas v. State, 559 So. 2d 686 (Fla. 2d DCA 1990); Murphy v. State, 55…
  • Mohammed v. State, 561 So. 2d 384 (Fla. 1st DCA 1990)
    …ng the "crime against nature,” was held unconstitutional, it was repealed by s. 1, ch. 74-121, Laws of Florida, effective October 1, 1974. The legal impact of the historical constructions of section 800.01 was recently discussed in McGahee v. State, 561 So. 2d 333 (Fla. 1st DCA 1990). Statutes such as the one repealed in Florida are discussed by Masters and Johnson: As astonishing as it may seem in an age when oral sex is statistically the norm rather than the exception, a pleasant interlude of cunni-Iingus…
  • Hooper v. State, 703 So. 2d 1143 (Fla. 4th DCA 1997)
    …pected benefit” and that the defendánt “knew what was going to happen,” but that the statute defining principals, section. 777.011, Florida Statutes, did not require those elements. They were accordingly eliminated. Id. at 214. In McGahee v. State, 561 So. 2d 333 (Fla. 1st DCA 1990) defendant was tried in 1989 for having performed oral sex on an eight year old victim in 1971 and 1972. He was charged with rape of a female child under age ten; however, the applicable rape statute was not specific, prohibiting…
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