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Roe v. State

District Court of Appeal of Florida, First District
May 31, 1995
654 So. 2d 1287 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2159.

May 31, 1995.

An Appeal from the Circuit Court for Alachua County; Nath C. Doughtie, Judge.

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.


Paul Lester Roe was charged with one count of sexual battery and one count of lewd and lascivious assault. The alleged offenses arose from a single act which occurred on October 16, 1993. Roe was ultimately convicted of attempted sexual battery and lewd and lascivious assault. As the state concedes, we must vacate the judgment and sentence for lewd and lascivious assault because the conduct alleged in that count formed the basis for the attempted sexual battery conviction. See State v. Hightower, 509 So.2d 1078, 1079 n. 4 (Fla. 1987); Fjord v. State, 634 So.2d 714 (Fla. 4th DCA 1994); Lewis v. State, 626 So.2d 1073 (Fla. 1st DCA 1993); Walker v. State, 622 So.2d 630 (Fla. 3d DCA 1993); Edwards v. State, 613 So.2d 508 (Fla. 5th DCA 1993).

WEBSTER and LAWRENCE, JJ., concur.


Summaries of

Roe v. State

District Court of Appeal of Florida, First District
May 31, 1995
654 So. 2d 1287 (Fla. Dist. Ct. App. 1995)
Case details for

Roe v. State

Case Details

Full title:PAUL LESTER ROE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 31, 1995

Citations

654 So. 2d 1287 (Fla. Dist. Ct. App. 1995)

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