Roberts v. State

Appellant challenges his convictions for two counts of sexual battery of a person less than 12 years of age and two counts of lewd or lascivious molestation of a victim less than 12 years of age. We affirm but address one issue: whether appellant’s convictions violated the Double Jeopardy clause of the Florida and federal constitutions.

Appellant was charged by information with sexual battery of a person less than 12 years of age by “union with and/or penetration of the victim’s vagina by the penis of [appellant]” (count 1), and “oral penetration of the victim’s mouth by the penis of…