Keum San Yi v. State
District Court of Appeal of Florida
1Opinion of the CourtCohen, J.
Keum San Yi appeals from the judgment and sentence entered after a jury found him guilty of three counts of lewd or lascivious molestation as well as one count of misdemeanor battery, a lesser-included offense of the sexual battery offense with which he was charged. We reverse and remand for a new trial.
A number of errors that occurred during the course of the trial compel reversal. First and foremost, the trial court erred in instructing the jury on the crime of lewd or lascivious molestation.1 In pertinent part, the trial court instructed the jury that the State must prove that Yi touched…
2Cases cited9 opinions
- Battle v. StateSupreme Court of Florida · 2005
- Garzon v. StateDistrict Court of Appeal of Florida · 2006
- Henry v. StateDistrict Court of Appeal of Florida · 1999
- Wheeler v. StateDistrict Court of Appeal of Florida · 2012
- In Re Standard Inst. in Crim. Cases No. 2008-02Supreme Court of Florida · 2008
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