DOUGLAS v. STATE, 1D13-1984. (2014)
Court: Court of Appeals of Florida
Number: inflco20140610160
Visitors: 8
Filed: Jun. 10, 2014
Latest Update: Jun. 10, 2014
Summary: PER CURIAM. Appellant appeals his conviction of four counts of sexual battery on a child under the age of twelve, one count of solicitation to commit the offense of Sexual Battery Upon a Child Under 12 Years of Age, in violation of sections 777.04(2) and 794.011(2), Florida Statutes; one count of solicitation of a minor to commit a lewd or lascivious act, contrary to section 800.04(6), Florida Statutes; and one count of showing pornography to a child, in violation of section 847.0133(1), Florid
Summary: PER CURIAM. Appellant appeals his conviction of four counts of sexual battery on a child under the age of twelve, one count of solicitation to commit the offense of Sexual Battery Upon a Child Under 12 Years of Age, in violation of sections 777.04(2) and 794.011(2), Florida Statutes; one count of solicitation of a minor to commit a lewd or lascivious act, contrary to section 800.04(6), Florida Statutes; and one count of showing pornography to a child, in violation of section 847.0133(1), Florida..
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PER CURIAM.
Appellant appeals his conviction of four counts of sexual battery on a child under the age of twelve, one count of solicitation to commit the offense of Sexual Battery Upon a Child Under 12 Years of Age, in violation of sections 777.04(2) and 794.011(2), Florida Statutes; one count of solicitation of a minor to commit a lewd or lascivious act, contrary to section 800.04(6), Florida Statutes; and one count of showing pornography to a child, in violation of section 847.0133(1), Florida Statutes. We affirm all of the convictions except the solicitation conviction based on sections 777.04(2) and 794.011(2), Florida Statutes. See F.B. v. State, 852 So.2d 226, 229 (Fla. 2003); Patel v. State, 679 So.2d 850, 851 (Fla. 1st DCA 1996). We therefore vacate Appellant's conviction on this charge and remand for resentencing.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
BENTON, VAN NORTWICK, and THOMAS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.
Source: Leagle
