ELSTON POWELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Jayson Santiago, 938 So. 2d 603 (Fla. 4th DCA 2006)
  …o placed his hands on the buttocks of N.B. The only fact in dispute was whether Santiago acted with lewd or lascivious intent, a requisite element to be proved for the crime of lewd or lascivious molestation. This case is similar to Method v. State, 920 So. 2d 141 (Fla. 4th DCA 2006). In Method, the defendant was charged with three counts of lewd or lascivious conduct committed against a person less than sixteen years of age. The trial court denied the defendant’s motion to dismiss and was affirmed on review.…
• Rosen v. State, 940 So. 2d 1155 (Fla. 5th DCA 2006)
  …sciviously is one of fact. State v. Mitchell, 624 So. 2d 859, 860 (Fla. 5th DCA 1993). Thus, it was up to the jury to decide whether Rosen’s behavior violated the statute based upon the totality of the circumstances. See id.; accord Method v. State, 920 So. 2d 141, 143-44 (Fla. 4th DCA 2006); Washington v. State, 766 So. 2d 325 (Fla. 4th DCA 2000). Though not precisely defined, “lewd” and “lascivious” conduct generally denotes “the unlawful indulgence of lust,” “gross indecency with respect to the sexual rela…
• Sebastiano v. State, 14 So. 3d 1160 (Fla. 4th DCA 2009)
  …of. Almost inevitably, as here, it must be shown solely by circumstantial evidence.” Grover v. State, 581 So. 2d 1379, 1380 (Fla. 4th DCA 1991). Intent is a question for the trier of fact to decide based upon all factual inferences. Method v. State, 920 So. 2d 141, 143 (Fla. 4th DCA 2006); Rosen v. State, 940 So. 2d 1155, 1160 (Fla. 5th DCA 2006). Often, circumstantial evidence is the only way to prove intent. Sewall v. State, 783 So. 2d 1171 (Fla. 5th DCA 2001). [*1165] The state offered evidence which was i…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)