FRANK GONZALES, ALIAS "CHEEKO," PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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Frank Gonzales was convicted of procuring and causing the prostitution of an unmarried female under 16 years old in violation of Florida law. The Florida Supreme Court reversed the conviction and granted a new trial because the State failed to present substantial evidence proving two essential elements: that the female was unmarried and that she was actually procured or prostituted.
The conviction must be reversed because the State failed to present substantial evidence—either direct or circumstantial—proving that the female was unmarried and that she was procured or caused to be prostituted. Both elements were essential to establishing guilt under the statute.
“unless this Court can hold that from the evidence the jury could reasonably have inferred that the female named in the information was unmarried at the time of the alleged procurement, the judgment of the trial court must be reversed, for the question of whether or not the female named was unmarried at the time of the offense was an essential element required to be proven by substantial evidence, either direct or circumstantial”
Establishes that unmarried status is an essential element requiring substantial proof
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Join FLexlaw to unlock all legal intelligenceFrank Gonzales was convicted in the Criminal Court of Record of Dade County of procuring for prostitution and causing an unmarried female under age 16…
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Plaintiff in error, Prank Gonzales, was convicted in the Criminal Court of Record of Dade County of the offense of having procured for prostitution and having feloniously caused to he prostituted an unmarried female under the age of sixteen years, in violation of Section 7578 C. G. L., 5435 R. G. S. Writ of error was taken to the sentence of ten years imprisonment imposed.
There is no direct evidence in the transcript to the effect that the female alleged to have been prostituted was an unmarried female and the brief of the Attorney General concedes the proposition that unless this Court can hold that from the evidence the jury could reasonably have inferred that the female named in the information was unmarried at the time of the alleged procurement, the judgment of the trial court must he reversed, for the question of .whether or not the female named was unmarried at the time of the offense was an essential element required to be proven by substantial evidence, either direct or circumstantial.
Neither does it appear by any substantial evidence found in the transcript sufficient to sustain the verdict of guilty, that the female named was procured or caused to be prostituted, the term “prostitution” as used in this statute meaning the leading of an unmarried female into unchastity and involves a financial element. See construction placed upon a similarly worded act of the United *123States making it a felony for anyone knowingly fo transport or cause to be transported in interstate or foreign commerce any woman or girl for the purpose of prostitution. Johnson v. United States, 215 Fed. 679.
Upon the whole record justice will be subserved by awarding a new trial and it is so ordered.
Eeversed for a new trial.
Buford, C.J., and Whitfield, Terrell and Davis, J.J., concur.
Brown, J., concurs specially.
I concur in the holding that the case must be reversed for lack of evidence to prove that the female in question was unmarried, which is, under the statute an essential element of the offense charged. But this was, in my estimation, the only reversible error. I think there was enough evidence to sustain the verdict in so far as the other element of the offense is concerned.
Brown, J.
I concur in the holding that the case must be reversed for lack of evidence to prove that the female in question was unmarried, which is, under the statute an essential element of the offense charged. But this was, in my estimation, the only reversible error. I think there was enough evidence to sustain the verdict in so far as the other element of the offense is concerned.
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Register v. State, 715 So. 2d 274 (Fla. 1st DCA 1998)…used in this section: (a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses. The act of prostitution “involves a financial element.” Gonzales v. State, 107 Fla. 121, 144 So. 311 (1932). Another subsection of this statute outlaws certain related activities: (2) It is unlawful: (f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. (4) A person, who violates any provision of th…
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Barber v. State, 397 So. 2d 741 (Fla. 5th DCA 1981)…Orlando but returned in January of 1979 and commenced work at a truck stop [*742] as a prostitute. About two months later, she again started working for appellant. The essential question appellant raises is whether Gonzales v. State, 107 Fla. 121, 144 So. 311 (1932), provides the applicable test in determining whether appellant violated section 796.03, Florida Statutes. Section 796.03 is a second degree felony. Section 796.07(2)(d) is also a second degree felony and prohibits the direction, taking, or t…1 / 2
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