Roe v. State, No. 94-2159

CourtCourt of Appeal of Florida (US)
Writing for the CourtMICKLE
Citation654 So.2d 1287
Decision Date31 May 1995
Docket NumberNo. 94-2159
Parties20 Fla. L. Weekly D1310 Paul Lester ROE, Appellant, v. STATE of Florida, Appellee.

Page 1287

654 So.2d 1287
20 Fla. L. Weekly D1310
Paul Lester ROE, Appellant,
v.
STATE of Florida, Appellee.
No. 94-2159.
District Court of Appeal of Florida,
First District.
May 31, 1995.

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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1 practice notes
  • State v. Stone, Nos. 95-2253
    • United States
    • Court of Appeal of Florida (US)
    • August 9, 1996
    ...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......
1 cases
  • State v. Stone, Nos. 95-2253
    • United States
    • Court of Appeal of Florida (US)
    • August 9, 1996
    ...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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