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Florida District Courts of Appeal, 2007

Felton v. State

Felton v. State
Florida District Courts of Appeal · Decided July 13, 2007 · Evander, Lawson, Pleus
959 So. 2d 438; 2007 Fla. App. LEXIS 10784; 2007 WL 2010834 (Southern Reporter, Second Series)

Felton v. State

Opinion of the Court

PER CURIAM.

After a jury trial, appellant was found guilty of sexual battery1 and lewd and lascivious battery.2 We find no double jeopardy violation. The appellant committed multiple sexual acts on the fourteen-year-old victim. The evidence supports a finding that there was a sufficient temporal break between at least two of the acts so as to have allowed appellant “to reflect and form a new criminal intent for each offense.” State v. Paul, 934 So.2d 1167, 1173 (Fla. 2006); see also Schwenn v. State, 898 So.2d 1130 (Fla. 4th DCA 2005).

AFFIRMED.

PLEUS, LAWSON and EVANDER, JJ., concur.

. § 794.011(5), Fla. Stat. (2002).

. § 800.04(4), Fla. Stat. (2002).

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