Legal Opinion

Bishop v. State

District Court of Appeal of Florida

Decided September 10, 2010No. 5D08-3684PublishedCited by 10 opinions

1Opinion of the CourtEvander, J.

William Bishop timely appeals from judgments and sentences for kidnapping a child under the age of thirteen (13),1 lewd or lascivious molestation,2 lewd or lascivious conduct,3 lewd or lascivious exhibition,4 and use of a child in a sexual performance.5 We conclude that Bishop’s conviction for lewd or lascivious conduct violated his double jeopardy rights. We otherwise affirm.

The eight-year-old victim and her family were vacationing at the Disney Swan Hotel. The victim was playing by herself in a sandy area near the hotel’s pool. She testified that Bishop approached her and told her, “You’re…

2Cases cited16 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Faison v. StateSupreme Court of Florida · 1983
  5. Schmitt v. StateSupreme Court of Florida · 1991

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3Cited by10 opinions

  1. United States v. Pedro Martinez-RomeroCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Carl SchneiderCourt of Appeals for the Eleventh Circuit · 2012
  3. In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-02Supreme Court of Florida · 2014
  4. Drawdy v. StateDistrict Court of Appeal of Florida · 2012
  5. In Re Standard Jury Instructions in Criminal Cases—Instructions 9.1 & 9.2Supreme Court of Florida · 2015

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