VICTOR RIVERA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-02-06
No. 67-176
Before CHARLES CARROLL, C. J., and PEARSON and BARKDULL, JJ.
207 So. 2d 310 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 5 cases

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.

Synopsis

The appellate court affirmed a conviction for lewd acts upon a minor, finding sufficient evidence that the crime occurred within the statutory limitations period. The court's decision relied on the timing of the appellant's arrest.


Holding

Yes, the evidence was sufficient because the crime was committed on the same day as the appellant's arrest, which falls within the two-year statutory period.


Key Quotes

“The only substantial question presented on this appeal is whether or not the evidence is sufficient to prove that the crime charged in the information was committed within two years of the filing of the information.”

This quote states the central legal issue on appeal.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The appellant was convicted of lewd, lascivious, and indecent acts in the presence of, and assault upon, a male minor under 14 years old. He appealed …

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was convicted of lewd, lascivious and indecent acts in the presence of, and assault upon, a male minor under the age of 14 years. He has appealed the judgment of guilty and sentence to three years in the State prison.

The only substantial question presented on this appeal is whether or not the evidence is sufficient to prove that the crime charged in the information was committed within two years of the filing of the information. We have carefully reviewed the record and find that a fair reading thereof demonstrates that the crime was committed on the same day that the appellant was arrested. The record, therefore, reveals that the crime was committed within the two year period. The judgment and sentence are affirmed upon authority of the rule stated in Ball v. State, Fla.App.1967, 204 So.2d 523.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Nat'l CAR Rental & Travelers Ins. Co. v. Sanchez, 349 So. 2d 829 (Fla. 3d DCA 1977)
    …1 So. 2d 479 (Fla.1961). Therefore, for the reasons above stated, the order of the trial judge here under review be and the same is hereby affirmed. Affirmed. . Poling v. Petroleum Corporation, 194 So. 2d 925 (Fla. 1st DCA 1967); Camer v. Ratner, 207 So. 2d 310 (Fla. 3d DCA 1968).…
  • G. H. Crawford Co. Fin. Servs. v. Goch, 247 So. 2d 763 (Fla. 3d DCA 1971)
    …PER CURIAM. Affirmed, see Carner v. Ratner, Fla.App.1968, 207 So. 2d 310; Poling v. Petroleum Carrier Corporation, Fla.App.1967, 194 So. 2d 925.…
  • Carner v. Ratner, 211 So. 2d 211 (Fla. 1968)
    …Certiorari denied without opinion. 207 So. 2d 310.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw