DELBERT ELLIS AGUILA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Deepak Bist v. State, 35 So. 3d 936 (Fla. 5th DCA 2010)
  …molestation, courts have suggested that slight progression towards the consummation of the crime is sufficient for an overt act. See Hudson v. State, 745 So. 2d 997, 1000 (Fla. 2d DCA 1999). . While we question the result reached in State v. Duke, 709 So. 2d 580 (Fla. 5th DCA 1998), we find this case distinguishable. The issue in Duke involved the sufficiency of the evidence for the charge of attempted sexual battery. Unlike Duke, this case involves an appeal of a motion to dismiss following a plea of nolo…
• Santiago v. State, 874 So. 2d 617 (Fla. 5th DCA 2004)
  …nabis, but there must be more. In addition to the specific intent to commit a crime, the State must also show that the defendant committed some actual overt act toward actually committing the crime that was more than mere preparation. State v. Duke, 709 So. 2d 580 (Fla. 5th DCA 1998); Morehead v. State, 556 So. 2d 523 (Fla. 5th DCA 1990). “The overt act must reach far enough toward accomplishing the desired result to amount to commencement of the consummation of the crime.” Morehead, 556 So. 2d at 525 (footno…
• Wiggins v. State, 816 So. 2d 745 (Fla. 4th DCA 2002)
  …recognize that in the area of child molestation, the line between preparatory acts and overt acts is difficult to draw and tends to be case specific. See id. at 1000. Thus, we are not persuaded to reach a different conclusion based on State v. Duke, 709 So. 2d 580 (Fla. 5th DCA 1998). [*748] Similar to Hudson, Duke involved a situation where the appellee was communicating over the Internet with an undercover detective posing as a minor named “Niki.” The appellee arranged to meet “Niki” in a parking lot upon w…

Authorities Cited

• Whitfield v. State, 479 So. 2d 208 (Fla. 4th DCA 1985)
• Leamon v. Anabel Punales and Eduardo Punales, 582 So. 2d 8 (Fla. 3d DCA 1991)