Farrell v. State

Full title: WILLIAM ALEXANDER FARRELL, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 7, 2001

No. 3D99-3123 (Fla. Dist. Ct. App. Mar. 7, 2001)

Opinion

No. 3D99-3123.

Opinion filed March 7, 2001.

An Appeal from the Circuit Court for Dade County, Robert N. Scola, Judge. Lower Tribunal No. 97-18035.

Affirmed.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before Jorgenson, Cope, and Ramirez, JJ.

PER CURIAM.

Defendant appeals from a judgment of conviction and sentence for two counts of lewd, lascivious, and indecent assault upon a child. We affirm.

"Lewd and lascivious conduct is not limited to acts involving physical contact, threat thereof or manifested desire therefor." Egal v. State, 469 So.2d 196, 198 (Fla. 2d DCA), review denied, 476 So.2d 673 (Fla. 1985). The intent required by section 800.04, Florida Statutes (1997) "can be imputed from the circumstances." Egal, 469 So.2d at 199.