Cleveland v. State

I dissent from the part of the court’s decision that affirms the defendant’s conviction for solicitation to commit lewd or lascivious conduct. In my view, the evidence presented by the state was not sufficient to satisfy the elements of proof required by the statute proscribing this offense. I join in the court’s decision to the extent that it requires resentencing with a proper renewed offer of counsel.

Section 800.04(6)(a)2, Florida Statutes (2010), requires evidence that the offender solicited the victim “to commit a lewd or lascivious act.” (Emphasis added.) This language plainly refers to…