Zwick v. State, 97-2114.
| Decision Date | 19 March 1999 |
| Docket Number | No. 97-2114.,97-2114. |
| Citation | 730 So.2d 759 |
| Parties | Michael J. ZWICK, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Assistant Attorney General, Daytona Beach, for Appellee.
Michael J. Zwick appeals his convictions for sexual battery on a child under 12, three counts of lewd or indecent assault on a child, and one count of attempted lewd or indecent assault on a child. We affirm the sexual battery conviction because the asserted error with regard to this conviction was either harmless or not preserved. We reverse the convictions for lewd or indecent assault.
As to counts two and five, the state charged that Zwick:
did then and there commit DEVIANT SEXUAL INTERCOURSE, MASTURBATION upon a child, [THE VICTIM] who was then under the age of sixteen (16) years by RUBBING HIS PENIS ON [THE VICTIM'S] BUTTOCKS contrary to section 800.04(2).
More expansively, the jury was charged as follows:
A defendant is entitled to have the charge against him proved substantially as alleged in the indictment or information and cannot be prosecuted for one offense and convicted and sentenced for another, though the offenses are of the same general character or carry the same penalty. Jacobs v. State, 184 So.2d 711 (Fla. 1st DCA 1966).
[w]here an...
To continue reading
Request your trial
-
Morgan v. State
...v. State, 913 So.2d 729, 730 (Fla. 5th DCA 2005) ; D.R. v. State, 790 So.2d 1242, 1244–45 (Fla. 5th DCA 2001) ; Zwick v. State, 730 So.2d 759, 760 (Fla. 5th DCA 1999). Consistent with this rule, a criminal defendant is entitled to a trial on the charges contained in the information and may ......
-
Morgan v. State
...v. State, 913 So. 2d 729, 730 (Fla. 5th DCA 2005); D.R. v. State, 790 So. 2d 1242, 1244-45 (Fla. 5th DCA 2001); Zwick v. State, 730 So. 2d 759, 760 (Fla. 5th DCA 1999). Consistent with this rule, a criminal defendant is entitled to a trial on the charges contained in the information and may......
-
Fesh v. State
...730 (Fla. 5th DCA 2005) ; then citing D.R. v. State , 790 So. 2d 1242, 1244-45 (Fla. 5th DCA 2001) ; and then citing Zwick v. State , 730 So. 2d 759, 760 (Fla. 5th DCA 1999) )."Evidence that a defendant committed a collateral crime is inherently prejudicial because it creates the risk that ......
-
DR v. State
...(Fla. 5th DCA 1986); c.f. Van Gotum v. State, 569 So.2d 773 (Fla. 2d DCA 1990), rev. denied, 581 So.2d 1311 (Fla.1991). Zwick v. State, 730 So.2d 759 (Fla. 5th DCA 1999). In Rallo v. State, 726 So.2d 839 (Fla. 2d DCA 1999), the defendant was charged and convicted of willfully placing his pe......