PAUL LESTER ROE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MICKLE, Judge.
Paul Lester Roe was charged with one count of sexual battery and one count of lewd and lascivious assault. The alleged offenses arose from a single act which occurred on October 16, 1993. Roe was ultimately convicted of attempted sexual battery and lewd and lascivious assault. As the state concedes, we must vacate the judgment and sentence for lewd and lascivious assault because the conduct alleged in that count formed the basis for the attempted sexual battery conviction. See State v. Hightower, 509 So. 2d 1078,1079 n. 4 (Fla.1987); Fjord v. State, 634 So. 2d 714 (Fla. 4th DCA 1994); Lewis v. State, 626 So. 2d 1073 (Fla. 1st DCA 1993); Walker v. State, 622 So. 2d 630 (Fla. 3d DCA 1993); Edwards v. State, 613 So. 2d 508 (Fla. 5th DCA 1993).
WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Stone, 677 So. 2d 982 (Fla. 5th DCA 1996)…victims. The crimes of sexual battery and lewd and lascivious assault are mutually exclusive and a defendant cannot be convicted of both crimes if the charges arise out of the same act. State v. Hightower, 509 So. 2d 1078 (Fla.1987); Roe v. State, 654 So. 2d 1287 (Fla. 1st DCA 1995); Fjord v. State, 634 So. 2d 714 (Fla. 4th DCA 1994); Edwards v. State, 613 So. 2d 508 (Fla. 5th DCA 1993). It is the state’s position, however, that the evidence supports numerous incidents of sexual abuse. The information here…
Authorities Cited
- State v. Hightower, 509 So. 2d 1078 (Fla. 1987)
- D & D Hotdogs & Beef, Inc. v. Plantation Fountains Assocs. Ltd. P'ship, 634 So. 2d 714 (Fla. 4th DCA 1994)
- Edwards v. State, 613 So. 2d 508 (Fla. 5th DCA 1993)
- Fjord v. State, 634 So. 2d 714 (Fla. 4th DCA 1994)
- Walker v. State, 622 So. 2d 630 (Fla. 3d DCA 1993)
- NCR Corp. v. Sonitrol Corp. & Centennial Ins. Co., 626 So. 2d 1073 (Fla. 1st DCA 1993)