Marshall v. State

Harry James Marshall (defendant) appeals the summary denial of his rule 3.850 motion for post-conviction relief. See Fla. R.Crim. P. 3.850. He raises several grounds for post-conviction relief. However, we find only one alleged error which merits discussion.

The defendant was convicted of committing two capital sexual batteries and three lewd and lascivious acts, all involving a ten-year-old female victim. He asserts that the three lewd and lascivious offenses should have resulted in only one conviction.

While the lewd and lascivious offenses appear to have been based on different activity, it…