JOHN WILCOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BARFIELD, C.J.
John Wilcox was convicted of attempted capital sexual battery and sentenced to a term of imprisonment followed by probation with conditions imposed pursuant to section 948.03, Florida Statutes (Supp. 1998). By motion pursuant to Rule 3.800(b), appellant challenged the imposition of the conditions of probation, asserting that attempted capital sexual battery is an offense under chapter 777, Florida Statutes (1997), and not an offense under chapter 794, Florida Statutes (1997).
We affirm the imposition of conditions of probation pursuant to section 948.03, Florida Statutes (Supp.1998), holding that attempted capital sexual battery is an offense under chapter 794, Florida Statutes. As we said in Zopf v. Singletary, 686 So. 2d 680, 681 (Fla. 1st DCA 1996), attempted sexual battery is “a crime under section 794.011(2), Florida Statutes, as modified by the ‘attempt’ statute, section 777.04, Florida Statutes.” To the extent Lee v. State, 766 So. 2d 374 (Fla. 1st DCA 2000), holds otherwise, we recede from Lee.
We find no merit to the remaining constitutional challenges raised by Wilcox.
AFFIRMED.
ERVIN, BOOTH, MINER, ALLEN, WOLF, KAHN, WEBSTER, DAVIS, BENTON, VAN NORTWICK, PADOVANO, BROWNING, LEWIS, and POLSTON, JJ., concur.
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Ream v. State, 843 So. 2d 309 (Fla. 5th DCA 2003)…PER CURIAM. AFFIRMED. See Wilcox v. State, 783 So. 2d 1150 (Fla. 1st DCA 2001). SHARP, W., ORFINGER and MONACO, JJ., concur.…
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State v. Fureman, 161 So. 3d 403 (Fla. 5th DCA 2014)…had been charged with performing a lewd act upon a child pursuant to section 800,04(1), Florida Statutes (1999), pleaded no contest to an attempted lewd act upon a child pursuant to section 777.04, Florida Statutes (1999). See also Wilcox v. State, 783 So. 2d 1150, 1150-51 (Fla. 1st DCA 2001) (en banc) (holding that attempted capital sexual battery is an offense under chapter 794, and is modified by the attempt statute, section 777.04, Florida Statutes). This court reaffirmed its holding in Donovan v. State,…
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Donovan v. State, 821 So. 2d 1099 (Fla. 5th DCA 2002)…00) where the First District held that it was impermissible to impose conditions of probation authorized for persons convicted of sexual battery on persons convicted of “attempted” sexual battery. We reject this argument because, in Wilcox v. State, 783 So. 2d 1150 (Fla. 1st DCA 2001), the First District receded from its decision in Lee and held that attempted capital sexual battery was an offense under the sexual battery statute, rather than merely an offense under the attempt statute and, therefore, the tria…
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- Zopf v. Singletary, 686 So. 2d 680 (Fla. 1st DCA 1996)
- Hormuth v. Hormuth, 766 So. 2d 374 (Fla. 1st DCA 2000)
- LEE v. State, 766 So. 2d 374 (Fla. 1st DCA 2000)