Hicks v. State

Full title: THOMAS W. HICKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jun 14, 1990

561 So. 2d 1284 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-03070.

May 23, 1990. Rehearing Denied June 14, 1990.

Appeal from the Circuit Court, Manatee County, Paul E. Logan, J.

Robert E. Turffs of Kanetsky, Moore DeBoer, P.A., Venice, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Thomas Hicks appeals his conviction for use of a child in a sexual performance. § 827.071(2), Fla. Stat. (1989). The sole issue is whether a defendant's ignorance of the victim's age constitutes a viable defense. For the same public policy reasons that were set forth in our recent decision State v. Sorakrai, 543 So.2d 294 (Fla. 2d DCA 1989), dealing with a violation of section 800.04(2) (lewd assault upon a child), we hold that it does not.

Affirmed.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.