Legal Opinion

Pittman v. State

District Court of Appeal of Florida

Decided December 9, 2009No. 3D07-2524PublishedCited by 4 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

SHEPHERD, J.

On consideration of the State’s motion for rehearing and motion for rehearing en banc, this Court grants the motion for rehearing, withdraws its previous opinion, and substitutes the following opinion.

Appellant, James Pittman, seeks review of a jury verdict finding him guilty of lewd or lascivious battery, § 800.04(4)(a), Fla. Stat. (2006), as a lesser included offense of the primary charge of sexual battery, § 794.011(3), Fla. Stat. (2006). Pittman argues the information by which he was charged, which correctly specified the age range for the charge of…

2Cases cited10 opinions

  1. Boddie v. ConnecticutSupreme Court of the United States · 1971
  2. Cole v. ArkansasSupreme Court of the United States · 1948
  3. Brown v. StateSupreme Court of Florida · 1968
  4. Ray v. StateSupreme Court of Florida · 1981
  5. In re Trial Courts of the Standard Jury Instructions in Criminal CasesSupreme Court of Florida · 1981

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3Cited by4 opinions

  1. J.O. v. StateDistrict Court of Appeal of Florida · 2010
  2. Griffis v. Florida Fish & Wildlife Conservation CommissionDistrict Court of Appeal of Florida · 2011
  3. Hearns v. StateDistrict Court of Appeal of Florida · 2013
  4. JO v. StateDistrict Court of Appeal of Florida · 2010

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