DONALD J. HARTMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD J. HARTMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
659 So. 2d 1360
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Donald J. Hartman was convicted of sexual battery on his nine-year old stepson as well as lewd and lascivious assault arising from the same incident.
The only error we find in the record is that the trial court should have granted the defense motion for judgment of acquittal on the lewd and lascivious charge.
It is clear from the record that the only act proven as a basis for the lewd and lascivious charge was the same act necessary to sustain the sexual battery charge.
AFFIRMED in part; REVERSED as to the conviction for lewd and lascivious conduct with instructions to grant an acquittal as to that charge.
COBB, GOSHORN and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harris v. State, 685 So. 2d 1282 (Fla. 1996)…DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME BEING SENTENCED FOR, SUCH AS NOT DEPARTING BEYOND THE PERMISSIBLE SENTENCING RANGE, HAD THE LATER OFFENSE BEEN SCORED? Harris v. State, 659 So. 2d 1360, 1362 (Fla. 5th DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we answer the certified question in the affirmative and quash the decision below. Harris committed robbery with a weapon on May 18, 199…
-
Hall v. State, 676 So. 2d 84 (Fla. 5th DCA 1996)…PER CURIAM. We affirm the judgment and sentence. However, we again certify the question posed in Harris v. State, 659 So. 2d 1360 (Fla. 5th DCA 1995), review granted, 670 So. 2d 938 (Fla.1996), as being of public importance, to wit: IS THERE ANY LIMIT UPON A TRIAL JUDGE’S RIGHT TO IMPOSE A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE…