Mendez v. State

Full title: CESAR MENDEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: Sep 30, 2022

No. 4D22-1169 (Fla. Dist. Ct. App. Sep. 30, 2022)

Opinion

4D22-1169

09-30-2022

CESAR MENDEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Cesar Mendez, Bristol, pro se. No appearance required for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312013CF000499A.

Cesar Mendez, Bristol, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See State v. Wells, 466 So.2d 291, 292 (Fla. 2d DCA 1985) (explaining that sexual battery of a child is not punishable by death, noting that "inasmuch as the crime of sexual battery of a child is no longer a capital crime in the sense that conviction thereof is punishable by death, a person may be charged with commission of that crime by information"); see also Heuring v. State, 513 So.2d 122, 123 (Fla. 1987) ("Sexual battery ... may be charged by information.").

KLINGENSMITH, C.J., CIKLIN and FORST, JJ., concur.