Legal Opinion
James Houston Roughton v. State of Florida
Supreme Court of Florida
Decided February 25, 2016No. SC12-1719PublishedCited by 24 opinions
1Opinion of the CourtCanady, J.
In this case we consider whether dual convictions for capital sexual battery and lewd or lascivious molestation based on a single act violate the constitutional prohibition against double jeopardy. Our analysis turns on the rule of construction in section 775.021(4), Florida Statutes (2008); regarding “separate criminal offenses” “committed in the course of - one criminal episode or transaction.” We have for-review Roughton v. State, 92 So.3d 284 (Fla. 5th DCA 2012), in which the Fifth District Court of Appeal held that dual convictions for both capital sexual battery and lewd or lascivious…
2Cases cited13 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of TaxationSupreme Court of the United States · 1992
- Valdes v. StateSupreme Court of Florida · 2009
- Puryear v. StateSupreme Court of Florida · 2002
- Borges v. StateSupreme Court of Florida · 1982
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3Cited by24 opinions
- McCullough v. StateDistrict Court of Appeal of Florida · 2017
- Tambriz-Ramirez v. StateDistrict Court of Appeal of Florida · 2017
- Diego Tambriz-Ramirez v. State of FloridaSupreme Court of Florida · 2018
- Armas v. StateDistrict Court of Appeal of Florida · 2018
- Mathis v. StateDistrict Court of Appeal of Florida · 2016
19 more not listed; retrieve them via the Exa API.