Felton v. State , 959 So. 2d 438 ( 2007 )


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  • PER CURIAM.

    After a jury trial, appellant was found guilty of sexual battery1 and lewd and lascivious battery.2 We find no double jeopardy violation. The appellant committed multiple sexual acts on the fourteen-year-old victim. The evidence supports a finding that there was a sufficient temporal break between at least two of the acts so as to have allowed appellant “to reflect and form a new criminal intent for each offense.” State v. Paul, 934 So.2d 1167, 1173 (Fla.2006); see also Schwenn v. State, 898 So.2d 1130 (Fla. 4th DCA 2005).

    AFFIRMED.

    PLEUS, LAWSON and EVANDER, JJ., concur.

    . § 794.011(5), Fla. Stat. (2002).

    . § 800.04(4), Fla. Stat. (2002).

Document Info

Docket Number: No. 5D06-1299

Citation Numbers: 959 So. 2d 438

Judges: Evander, Lawson, Pleus

Filed Date: 7/13/2007

Precedential Status: Precedential

Modified Date: 7/30/2022