Legal Opinion
State v. Meshell
Supreme Court of Florida
Decided January 22, 2009No. SC08-903PublishedCited by 45 opinions
1Opinion of the CourtPolston, J.
Petitioner State of Florida argues that the Fifth District Court of Appeal in Meshell v. State, 980 So.2d 1169 (Fla. 5th DCA 2008), erred in holding that Respondent Joshua Meshell’s convictions for lewd and lascivious battery, under section 800.04(4), Florida Statutes (2006), for vaginal penetration or union (Count 1) and for oral sex (Count 3) violated double jeopardy. Because these are distinct criminal acts, we agree with the State that there is no double jeopardy violation.
Although the Fifth District reversed the trial court’s judgment, holding that pursuant to its precedent the…
2Cases cited14 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- M.P. v. StateSupreme Court of Florida · 1996
- State v. PaulSupreme Court of Florida · 2006
- Hayes v. StateSupreme Court of Florida · 2001
- Williams v. StateSupreme Court of Florida · 2007
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State of Florida v. Eric J. DrawdySupreme Court of Florida · 2014
- Marcus Jamal Graham v. State of FloridaSupreme Court of Florida · 2016
- Partch v. StateDistrict Court of Appeal of Florida · 2010
- Sanders v. StateDistrict Court of Appeal of Florida · 2012
- Brown v. StateDistrict Court of Appeal of Florida · 2009
40 more not listed; retrieve them via the Exa API.