Legal Opinion

Drawdy v. State

District Court of Appeal of Florida

Decided September 5, 2012No. 2D10-3347PublishedCited by 4 opinions

1Opinion of the Court

LaROSE, Judge.

Eric Drawdy appeals his convictions and sentences for sexual battery of a child and for lewd or lascivious molestation. See §§ 794.011(l)(h), (8)(b); 800.04(5)(a), Fla. Stat. (2006). Double jeopardy bars conviction for both offenses committed in a single criminal episode. See Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932). Accordingly, the law compels us to reverse in part.

The following statutory provisions apply:

§ 794.011 Sexual battery.—(l)(h) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of…

2Cases cited38 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Valdes v. StateSupreme Court of Florida · 2009
  4. State v. PaulSupreme Court of Florida · 2006
  5. Hearn v. StateSupreme Court of Florida · 1951

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3Cited by4 opinions

  1. State of Florida v. Eric J. DrawdySupreme Court of Florida · 2014
  2. Sanders v. StateDistrict Court of Appeal of Florida · 2012
  3. Webb v. StateDistrict Court of Appeal of Florida · 2012
  4. Pickel v. StateDistrict Court of Appeal of Florida · 2014

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