From Casetext: Smarter Legal Research

Rubin v. State

District Court of Appeal of Florida, Third District
May 1, 1991
578 So. 2d 331 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2491.

April 2, 1991. Rehearing Denied May 1, 1991.

Appeal from the Circuit Court, Dade County, Jeffrey Rosinek, J.

Rubin, Rubin Fuqua, and A. Hinda Klein, for appellant.

Robert A. Butterworth, Atty. Gen., and Anita J. Gay, Asst. Atty. Gen., for appellee.

Before BASKIN, COPE and GERSTEN, JJ.


Sidney Rubin appeals his conviction for two counts of attempt to commit a lewd and lascivious act in the presence of a child under the age of sixteen years. See § 800.04(3), Fla. Stat. (1989). We conclude, contrary to defendant's contention, that the evidence showed overt acts by defendant toward the commission of the charged offenses, see § 777.04, Fla. Stat. (1989), and that the motion for judgment of acquittal was properly denied. See T.J.T. v. State, 460 So.2d 508, 510 (Fla. 3d DCA 1984). We also conclude that an attempt to commit a lewd and lascivious act under section 800.04, Florida Statutes (1989), is a crime. Davis v. State, 527 So.2d 962, 964 (Fla. 5th DCA 1988).

Affirmed.


Summaries of

Rubin v. State

District Court of Appeal of Florida, Third District
May 1, 1991
578 So. 2d 331 (Fla. Dist. Ct. App. 1991)
Case details for

Rubin v. State

Case Details

Full title:SIDNEY RUBIN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 1, 1991

Citations

578 So. 2d 331 (Fla. Dist. Ct. App. 1991)