DEL MONICO

v.

TRAYNOR

Citator

Cited By

• Sharyon Sanders v. State, 101 So. 3d 373 (Fla. 1st DCA 2012)
  …t double jeopardy did not bar convictions for lewd or lascivious molestation and lewd or lascivious conduct because even though the offenses were committed during “basically the same incident,” they were based on distinct criminal acts), rev. denied 59 So. 3d 107 (Fla.2011); but cf. Benjamin v. State, 77 So. 3d 781 (Fla. 4th DCA 2011) (applying Paul and holding that double jeopardy bars dual convictions for lewd or lascivious molestation (for touching the victim in the genital area) and lewd or lascivious co…
• Pierre v. State, 88 So. 3d 354 (Fla. 4th DCA 2012)
  …2d 923, 925 (Fla. 5th DCA 1998). Further, denial of a motion for a mistrial, or motion for a new trial, is reviewed for an abuse of discretion. See Barnett v. State, 45 So. 3d 963, 966 [*356] (Fla. 3d DCA 2010) (motion for mistrial), review denied, 59 So. 3d 107 (Fla.2011); Hubbard v. State, 912 So. 2d 629, 632 (Fla. 1st DCA 2005) (motion for new trial). In order for the necessity of a new trial to arise, the improper prosecutorial comments must either: ‘“deprive the defendant of a fair and impartial trial,…
• Drawdy v. State, 98 So. 3d 165 (Fla. 2d DCA 2012)
  …breasts and vagina in second episode); J.M. v. State, 4 So. 3d 703 (Fla. 5th DCA 2009) (holding two acts of lewd or lascivious conduct in one episode were one offense). But see Comas v. State, 45 So. 3d 49, 50-51 (Fla. 1st DCA 2010), review denied, 59 So. 3d 107 (Fla. Mar. 18, 2011) (table decision) (citing Meshell and Roberts, holding double jeopardy does not preclude conviction of lewd or lascivious molestation and lewd or lascivious conduct (§ 800.004(6)(a)(l), intentional lewd or lascivious touching) in…