THOMAS W. HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS W. HICKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 1284
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
Thomas Hicks appeals his conviction for use of a child in a sexual performance. § 827.071(2), Fla.Stat. (1989). The sole issue is whether a defendant’s ignorance of the victim’s age constitutes a viable defense. For the same public policy reasons that were set forth in our recent decision State v. Sorakrai, 543 So. 2d 294 (Fla. 2d DCA 1989), dealing with a violation of section 800.04(2) (lewd assault upon a child), we hold that it does not.
Affirmed.
RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Donovan v. State, 572 So. 2d 522 (Fla. 5th DCA 1990)…e at all before entry of judgment imposing costs, we strike the award of costs without prejudice to a new determination of the matter by the trial court after proper notice and opportunity to be heard is afforded the appellant. See McMahon v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990); Clark v. State, 560 So. 2d 264 (Fla. 5th DCA 1990). We affirm the conviction for organized fraud, reverse all of the convictions for grand theft, reverse all but one of the four RICO convictions, affirm the remaining RICO convi…
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Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)…aiver. The due process requirements of rule 3.720(d)(1) of the Florida Rules of Criminal Procedure and section 27.56(7), Florida Statutes (1993), are not subject to an implied waiver. Henriquez v. State, 545 So. 2d 1340 (Fla.1989); McMahon v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990). Although Norris stated that he had no objection to the lien, Norris did not specifically waive the due process protections outlined in section 27.56(7). The better practice would have been to advise Norris of his rights and to a…
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Grady v. State, 701 So. 2d 1181 (Fla. 5th DCA 1997)…ears.or older is available as a defense to defendant charged with committing a lewd and lascivious act upon child under age of 16 years in violation of § 800.04, Fla. Stat.); Green v. State, 580 So. 2d 321 (Fla. 1st DCA 1991) (same); Hicks v. State, 561 So. 2d 1284 (Fla. 2d DCA 1990) (defendant’s ignorance of the victim’s age was not a viable defense to defendant charged with use of a child in a sexual performance in violation of § 827.071(2), Fla. Stat.), rev. denied, 574 So. 2d 141 (Fla.1990); State v. Robin…
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- State v. Surapo S. Sorakrai, 543 So. 2d 294 (Fla. 2d DCA 1989)