Roe v. State, No. 94-2159
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | MICKLE |
| Citation | 654 So.2d 1287 |
| Decision Date | 31 May 1995 |
| Docket Number | No. 94-2159 |
| Parties | 20 Fla. L. Weekly D1310 Paul Lester ROE, Appellant, v. STATE of Florida, Appellee. |
Page 1287
v.
STATE of Florida, Appellee.
First District.
An Appeal from the Circuit Court for Alachua County; Nath C. Doughtie, Judge.
Page 1288
Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.
MICKLE, Judge.
Paul Lester Roe was charged with one count of sexual battery and one count of lewd and lascivious assault. The alleged offenses arose from a single act which occurred on October 16, 1993. Roe was ultimately convicted of attempted sexual battery and lewd and lascivious assault. As the state concedes, we must vacate the judgment and sentence for lewd and lascivious assault because the conduct alleged in that count formed the basis for the attempted sexual battery conviction. See State v. Hightower, 509 So.2d 1078, 1079 n. 4 (Fla.1987); Fjord v. State, 634 So.2d 714 (Fla. 4th DCA 1994); Lewis v. State, 626 So.2d 1073 (Fla. 1st DCA 1993); Walker v. State, 622 So.2d 630 (Fla. 3d DCA 1993); Edwards v. State, 613 So.2d 508 (Fla. 5th DCA 1993).
WEBSTER and LAWRENCE, JJ., concur.
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State v. Stone, Nos. 95-2253
...cannot be convicted of both crimes if the charges arise out of the same act. State v. Hightower, 509 So.2d 1078 (Fla.1987); Roe v. State, 654 So.2d 1287 (Fla. 1st DCA 1995); Fjord v. State, 634 So.2d 714 (Fla. 4th DCA 1994); Edwards v. State, 613 So.2d 508 (Fla. 5th DCA 1993). It is the sta......
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State v. Stone, Nos. 95-2253
...cannot be convicted of both crimes if the charges arise out of the same act. State v. Hightower, 509 So.2d 1078 (Fla.1987); Roe v. State, 654 So.2d 1287 (Fla. 1st DCA 1995); Fjord v. State, 634 So.2d 714 (Fla. 4th DCA 1994); Edwards v. State, 613 So.2d 508 (Fla. 5th DCA 1993). It is the sta......