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Wilcox v. State

District Court of Appeal of Florida, First District
Apr 10, 2001
783 So. 2d 1150 (Fla. Dist. Ct. App. 2001)
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Summary

holding that attempted capital sexual battery is an offense under chapter 794, and is modified by the attempt statute, section 777.04, Florida Statutes

Summary of this case from State v. Fureman
See 5 Summaries

Opinion

No. 1D99-4625.

Opinion filed April 10, 2001.

An appeal from the Circuit Court for Duval County. Judge Lance M. Day.

Affirmed.

Nancy A. Daniels, Public Defender, and Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Janelle C. Gillaspie and Karen M. Holland, Assistant Attorneys General, Tallahassee, for Appellee.

BARFIELD, C. J. EN BANC

John Wilcox was convicted of attempted capital sexual battery and sentenced to a term of imprisonment followed by probation with conditions imposed pursuant to section 948.03, Florida Statutes (Supp. 1998). By motion pursuant to Rule 3.800(b), appellant challenged the imposition of the conditions of probation, asserting that attempted capital sexual battery is an offense under chapter 777, Florida Statutes (1997), and not an offense under chapter 794, Florida Statutes (1997).

We affirm the imposition of conditions of probation pursuant to section 948.03, Florida Statutes (Supp. 1998), holding that attempted capital sexual battery is an offense under chapter 794, Florida Statutes. As we said in Zopf v. Singletary, 686 So.2d 680, 681 (Fla. 1st DCA 1996), attempted sexual battery is "a crime under section 794.011(2), Florida Statutes, as modified by the 'attempt' statute, section 777.04, Florida Statutes." To the extent Lee v. State, 766 So.2d 374 (Fla. 1st DCA 2000), holds otherwise, we recede from Lee.

We find no merit to the remaining constitutional challenges raised by Wilcox.

ERVIN, BOOTH, MINER, ALLEN, WOLF, KAHN, WEBSTER, DAVIS, BENTON, VAN NORTWICK, PADOVANO, BROWNING, LEWIS, and POLSTON, JJ., Concur.

Summaries of

Wilcox v. State

District Court of Appeal of Florida, First District
Apr 10, 2001
783 So. 2d 1150 (Fla. Dist. Ct. App. 2001)

holding that attempted capital sexual battery is an offense under chapter 794, and is modified by the attempt statute, section 777.04, Florida Statutes

Summary of this case from State v. Fureman

explaining generally that the "attempt" statute modifies the sexual battery statute

Summary of this case from Timmons v. Sec'y

In Wilcox this court held this principle to mean that someone convicted of criminal attempt has violated the underlying offense statute, "as modified."

Summary of this case from Fla. Dep't of Corr. v. Gould

explaining generally that the ‘attempt’ statute modifies the sexual battery statute

Summary of this case from Fla. Dep't of Corr. v. Gould

invoking en banc procedure to "recede from Lee [ v. State, 766 So.2d 374 (Fla. 1st DCA 2000)]"

Summary of this case from Childers v. State
Case details for

Wilcox v. State

Case Details

Full title:JOHN WILCOX, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 10, 2001

Citations

783 So. 2d 1150 (Fla. Dist. Ct. App. 2001)

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