Legal Opinion

Clarke v. State

District Court of Appeal of Florida

Decided December 12, 2018No. Case No. 5D16-1986Published

1Per curiam

Appellant was convicted of three counts of sexual battery on a mentally defective person based upon three distinct acts involving the same victim during the same encounter. He challenges his convictions on counts I and II, arguing that the evidence was insufficient given the victim's equivocal testimony at trial regarding the alleged acts giving rise to these convictions. Appellant does not challenge his conviction on count III, and we affirm that conviction without discussion. We reverse the convictions on counts I and II but certify a question of great public importance to the Florida…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Commonwealth v. BrownSupreme Court of Pennsylvania · 2012
  3. State v. MooreSupreme Court of Florida · 1986
  4. State v. GreenSupreme Court of Florida · 1995
  5. Baugh v. StateSupreme Court of Florida · 2007

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