Durant v. State

BLUE, Judge.

Stephen A. Durant appeals his conviction for committing a lewd or lascivious act in the presence of a child under the age of 16 years. He argues that the evidence did not prove he knowingly exposed himself in a lewd or lascivious manner. We agree and reverse.

Durant was charged with two counts of committing a lewd or lascivious act under section 800.04(4), Florida Statutes (1991). After a bench trial, the court acquitted Durant on the first count but convicted him on the second. This count was based on allegations that Durant urinated off his back steps one evening, knowing that…