Opinion
No. 5D11–3563.
2013-07-19
John KITTRELL, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for Brevard County, Robert A. Wohn, Jr., Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
Appeal from the Circuit Court for Brevard County, Robert A. Wohn, Jr., Judge.
James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
Appellant challenges his convictions and sentences on ten counts of capital sexual battery, eight counts of lewd or lascivious molestation, and one count of lewd or lascivious exhibition. We affirm the convictions and sentences on all counts except Counts 1, 4, 8, 15 and 19. Because the State failed to introduce independent evidence to prove these counts, it was error to admit Appellant's confession to these crimes and Appellant is entitled to a new trial. See Corona v. State, 64 So.3d 1232 (Fla.2011) (ordering new trial after concluding that without confession, permissible evidence failed to establish corpus delicti of charged crime).
No attempt was made to introduce the confession pursuant to section 92.565, Florida Statutes (2011).
AFFIRMED in part; REVERSED in part and REMANDED.
TORPY, C.J., LAWSON and BERGER, JJ., concur.