Opinion
No. 85-584.
March 1, 1988.
An Appeal from the Circuit Court for Monroe County; David P. Kirwan, Judge.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.
The defendant was convicted of committing a lewd and lascivious act upon a child in violation of section 800.04, Florida Statutes (Supp. 1984). Under the statute, it is a second-degree felony for a person to handle or fondle children younger than sixteen years of age in a lewd, lascivious, or indecent manner. We reject the defendant's argument that the evidence presented at trial was legally insufficient to sustain his conviction. His argument is nothing more than a veiled challenge to the weight and credit given by the jury to the testimony of the 12-year-old victim and her 8-year-old playmate. Tibbs v. State, 397 So.2d 1120, 1125 (Fla. 1981), affirmed, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).
Accordingly, we affirm the defendant's conviction.