Beck v. State
Beck v. State
732 So. 2d 427; 1999 Fla. App. LEXIS 5518; 24 Fla. L. Weekly Fed. D 1063
(Southern Reporter, Second Series)
Beck v. State
Opinion of the Court
Conviction of a nonexistent crime is fundamental error. Under section 800.04, Florida Statutes (1997), βone cannot be convicted of a lewd and lascivious act upon a child under 12 years of age for conduct that ... constitutes the crime of sexual battery.β Jozens v. State, 649 So.2d 322, 323 (Fla. 1st DCA 1995). Since it is impossible to tell from the general verdict whether the jury convicted on this basis, the conviction on count two must be reversed and the case must be remanded for a new trial. See Mungin v. State, 689 So.2d 1026, 1030 (Fla. 1995).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.