Legal Opinion
Roe v. State
District Court of Appeal of Florida
Decided May 31, 1995No. 94-2159PublishedCited by 1 opinion
1Opinion of the Court
MICKLE, Judge.
Paul Lester Roe was charged with one count of sexual battery and one count of lewd and lascivious assault. The alleged offenses arose from a single act which occurred on October 16, 1993. Roe was ultimately convicted of attempted sexual battery and lewd and lascivious assault. As the state concedes, we must vacate the judgment and sentence for lewd and lascivious assault because the conduct alleged in that count formed the basis for the attempted sexual battery conviction. See State v. Hightower, 509 So.2d 1078,1079 n. 4 (Fla.1987); Fjord v. State, 634 So.2d 714 (Fla. 4th DCA…
2Cases cited5 opinions
- State v. HightowerSupreme Court of Florida · 1987
- Fjord v. StateDistrict Court of Appeal of Florida · 1994
- Edwards v. StateDistrict Court of Appeal of Florida · 1993
- Walker v. StateDistrict Court of Appeal of Florida · 1993
- Lewis v. StateDistrict Court of Appeal of Florida · 1993
3Cited by1 opinion
- State v. StoneDistrict Court of Appeal of Florida · 1996