NORMAN PICKEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Norman Pickel was convicted by jury of sexual battery on a child, kidnapping, burglary with battery, and lewd or lascivious molestation. On appeal, the Fourth District Court of Appeal affirmed his convictions and evidentiary rulings but certified conflict with another district court regarding whether dual convictions for sexual battery and lewd or lascivious molestation violate double jeopardy.
The court affirmed all convictions and evidentiary rulings. On the double jeopardy issue, the court held that dual convictions for sexual battery and lewd or lascivious molestation do not violate double jeopardy because each offense contains an element the other lacks, following Darville v. State. However, the court certified conflict with Drawdy v. State regarding application of the Blockburger same elements test to these specific offenses.
[1] Dual convictions for sexual battery and lewd or lascivious molestation do not violate double jeopardy as each offense contains an element the other lacks.
[2] The same elements test under Blockburger v. …
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“dual convictions for sexual battery and lewd or lascivious molestation do not violate double jeopardy as each offense contains an element the other lacks”
Statement of the double jeopardy holding following Darville precedent
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA young victim alleged that defendant abducted her from her bedroom, took her to a vacant home, removed her pants, placed his mouth on her breasts and…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Burglary With A Battery cases and more on FLexlaw
A jury found Norman Pickel guilty of two counts of sexual battery on a child less than twelve years of age, kidnapping of a child under thirteen years of age, burglary with a battery, and lewd or lascivious molestation. On appeal, the defendant challenges his convictions for these crimes, arguing error in evidentiary rulings and insisting convictions for both sexual battery and lewd or lascivious molestation violate double jeopardy.1 We affirm the challenged evidentiary rulings without further comment. As for the double jeopardy argument, as acknowledged by the defendant, this court has resolved this issue adversely to him. See Darville v. State, 995 So.2d 1025 (Fla. 4th DCA 2008) (holding dual convictions for sexual battery and lewd or lascivious molestation do not violate double jeopardy as each offense contains an element the other lacks). We certify conflict with Drawdy v. State, 98 So.3d 165 (Fla. 2d DCA 2012), review granted, 116 So.3d 1263 (Fla.2013), regarding application of the Blockburgeff same elements test to the offenses of sexual battery and lewd or lascivious molestation.
Affirmed; conflict certified.
CIKLIN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Drawdy v. State, 98 So. 3d 165 (Fla. 2d DCA 2012)
- Darville v. State, 995 So. 2d 1025 (Fla. 4th DCA 2008)