Florida District Courts of Appeal, 1994

Mello v. State

Mello v. State
Florida District Courts of Appeal · Decided March 18, 1994 · Griffin, Sharp, Thompson
633 So. 2d 119; 1994 Fla. App. LEXIS 2506; 1994 WL 84191 (Southern Reporter, Second Series)

Mello v. State

Opinion of the Court

PER CURIAM.

We affirm Mello’s convictions and sentences for two counts of lewd and lascivious acts upon a child,1 and four counts of committing unnatural and lascivious acts.2 With regard to Mello’s convictions under section 800.04, we certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So.2d 418 (Fla. 5th DCA), rev. granted, 629 So.2d 133 (Fla. 1993), namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.04 which provides that consent is not a defense to a prosecution for sexual activity with a minor under the age of sixteen.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

. § 800.04(3), Fla.Stat. (1991).

. § 800.02, Fla.Stat. (1991).

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