Pantoja v. State

This case is before the Court for review of the decision of the First District Court of Appeal in Pantoja v. State, 990 So.2d 626 (Fla. 1st DCA 2008). The district court certified that its decision is in direct conflict with the decision of the Second District Court of Appeal in Jaggers v. State, 536 So.2d 321 (Fla. 2d DCA 1988). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

FACTS

On April 20, 2006, Juan Pantoja was sentenced to life imprisonment after a jury convicted him of sexual battery on a child under twelve years of age by a defendant less than eighteen years of age and lewd…