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Felton v. State

District Court of Appeal of Florida, Fifth District
Jul 13, 2007
959 So. 2d 438 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-1299.

July 13, 2007.

Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge.

James S. Purdy, Public Defender, and Robert Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.

Jason Felton, Madison, pro se.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.


After a jury trial, appellant was found guilty of sexual battery and lewd and lascivious battery. We find no double jeopardy violation. The appellant committed multiple sexual acts on the fourteen-year-old victim. The evidence supports a finding that there was a sufficient temporal break between at least two of the acts so as to have allowed appellant "to reflect and form a new criminal intent for each offense." State v. Paul, 934 So.2d 1167, 1173 (Fla. 2006); see also Schwenn v. State, 898 So.2d 1130 (Fla. 4th DCA 2005).

AFFIRMED.

PLEUS, LAWSON and EVANDER, JJ., concur.


Summaries of

Felton v. State

District Court of Appeal of Florida, Fifth District
Jul 13, 2007
959 So. 2d 438 (Fla. Dist. Ct. App. 2007)
Case details for

Felton v. State

Case Details

Full title:Jason FELTON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 13, 2007

Citations

959 So. 2d 438 (Fla. Dist. Ct. App. 2007)