White v. State

The issue we address in this case is whether appellant’s convictions of lewd and lascivious battery under section 800.04(4) and lewd or lascivious molestation, in violation of section 800.04(5)(c)(2), Florida Statutes (2004), violate double jeopardy protections. We affirm the convictions holding that appellant had time to *958pause, reflect, and form a new criminal intent between two distinct occurrences.

The 15-year-old victim went to her friend’s house for a sleepover. Appellant was the friend’s brother. During the evening, the trio watched T.V. and drank beer.

At one point, the victim left the…