Hendry v. State, s. 90-01189
Decision Date | 14 December 1990 |
Docket Number | 90-01257,Nos. 90-01189,s. 90-01189 |
Citation | 571 So.2d 94 |
Parties | 15 Fla. L. Weekly D3006 Jimmy Clemont HENDRY, Appellant, v. STATE of Florida, Appellee. Trina Irene HENDRY, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Earl W. Baden, Jr., Bradenton, for appellant Jimmy Hendry.
Harmon J. Karasick, Bradenton, for appellant Trina Hendry.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Tampa, for appellee.
We affirm the trial court's denials of defendants' motions to dismiss the informations in which defendants were charged with incest under section 826.04, Florida Statutes (1987). That section renders felonious marriage or sexual intercourse with a person to whom a defendant "is related by lineal consanguinity." The informations alleged that defendants were father and daughter and that they were either married to each other or had had sexual intercourse with each other. It has been stipulated that defendant Trina Hendry had been adopted by a third party prior to her marriage to defendant Jimmy Clemont Hendry.
We recognize that the adoption statute includes in section 63.172(1)(b) the provision that adoption "terminates all legal relationships between the adopted person and his relatives, including his natural parents ... so that the adopted person thereafter is a stranger to his former relatives for all purposes...." However, as the Indiana Supreme Court has held, an adoption statute cannot erase lineal consanguinity. "It of course is impossible to nullify by legislative declaration the fact that the biological parents continue to be blood relatives of the child; the link of consanguinity cannot be erased by enactment." Bohall v. State, 546 N.E.2d 1214, 1215 (Ind.1989). Furthermore, we...
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Beam v. State
...incest include the prevention of pregnancies which may involve a high risk of abnormal or defective offspring." In Hendry v. State, 571 So.2d 94 (Fla. 2d DCA 1990), the only Florida case addressing incest and adoption, the court held that the adoption statute, section 63.172, cannot erase t......
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State v. Hall, 27255-5-II.
...at 1215. We agree that adoption cannot alter biology. "[A]n adoption statute cannot erase lineal consanguinity." Hendry v. State, 571 So.2d 94, 95 (Fla. Dist.Ct.App.1990). RCW 9A.64.020(3) does not limit "descendant" to those persons expressly named. Rather, the statute's use of the term "i......
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State v. Bale, 18285
...303 (6th ed, 1990). An adoption statute cannot erase lineal consanguinity and then create a new lineal consanguinity. Hendry v. State, 571 So.2d 94 (Fla.App. 2d Dist.1990). "It of course is impossible to nullify by legislative declaration the fact that the biological parents continue to be ......