Smith v. State

The appellant, Brian Smith, challenges his convictions for sexual battery on a person under 12 years of age and lewd or lascivious molestation of a victim less than 12 years of age. Mr. Smith asserts that because his convictions for sexual battery and lewd or lascivious molestation arise from the same criminal episode and the same criminal act, they violate double jeopardy. The state concedes error. We agree that Mr. Smith’s dual convictions violate double jeopardy and, therefore, reverse the conviction and sentence for lewd or lascivious molestation, while affirming his conviction for sexual…