Florida District Courts of Appeal, 1999

Beck v. State

Florida District Courts of Appeal · Decided April 30, 1999 · Benton, Booth, Ervin

732 So. 2d 427; 1999 Fla. App. LEXIS 5518; 24 Fla. L. Weekly Fed. D 1063 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Erlsten v. State (Fla. Dist. Ct. App. 2012)
Palmer v. State (Fla. Dist. Ct. App. 2002)
Delee v. State (Fla. Dist. Ct. App. 2002)
State v. Carter (Fla. 2002)
Carter v. State (Fla. Dist. Ct. App. 2004)
JJ v. State (Fla. Dist. Ct. App. 2003)
J.J. v. State (Fla. Dist. Ct. App. 2003)
Bell v. State (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Conviction of a nonexistent crime is fundamental error. Under section 800.04, Florida Statutes (1997), “one 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.” 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.

ERVIN and BENTON, JJ., CONCUR. BOOTH, J., DISSENTS.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.