Florida District Courts of Appeal, 2014

Taylor v. State

Taylor v. State
Florida District Courts of Appeal · Decided July 9, 2014 · Wells, Emas, Scales
141 So. 3d 748; 2014 WL 3302233; 2014 Fla. App. LEXIS 10499 (Southern Reporter, Third Series)

Taylor v. State

Opinion

WELLS, Judge.

Noel Taylor appeals from his convictions and sentences for indecent exposure and assault. We find no merit in the arguments raised with regard to his conviction and sentence on the assault charge and therefore affirm the conviction and sentence on that count without discussion. However, we reverse Taylor’s conviction and sentence for indecent exposure because the evidence adduced below, when viewed in a light most favorable to the State, was insufficient to demonstrate that Taylor exposed or exhibited his sexual organs in a place intended or designed to be frequented or resorted to by the public. See § 800.03, Fla. Stat. (2012) (in pertinent part, making it “unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises”); Fla. Std. Jury Instr. (Criminal) 11.9 (defining a “public place” as “any place intended or designed to be frequented or resorted to by the public”); Basulto-Rodriguez v. State, 95 So.3d 403, 406 n. 5 (Fla. 3d DCA 2012) (“We review de novo the trial court’s denial of a motion for JOA, to determine solely whether the evidence is legally sufficient. In reviewing the denial of the motion, we consider the evidence and all reasonable inferences in a light most favorable to the State as the non-moving party.”) (internal citations omitted.); A.S.F. v. State, 70 So.3d 754, 756 (Fla. 4th DCA 2011) (same).

Accordingly, Taylor’s convictions and sentences are affirmed in part and reversed in part.

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