Alfonso v. State

Based on the controlling authority of State v. Hernandez, 596 So.2d 671 (Fla.1992), we reverse the judgment of conviction and sentence on count II of the information imposed below against the defendant Faustino Alfonso for lewd and lascivious act in the presence of a minor [§ 800.04, Fla.Stat. (1989) ]. The law is clear that where, as here, an individual commits a single act of lewd behavior in violation of the above statute in front of more than one child, such person can only be convicted of a single violation of the statute; multiple violations of the statute for each child present are…