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Beck v. State

732 So. 2d 427, 1999 Fla. App. LEXIS 5518, 24 Fla. L. Weekly Fed. D 1063
CourtDistrict Court of Appeal of Florida
DecidedApril 30, 1999
DocketNo. 98-1276
StatusPublished
Cited by9 cases

This text of 732 So. 2d 427 (Beck v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beck v. State, 732 So. 2d 427, 1999 Fla. App. LEXIS 5518, 24 Fla. L. Weekly Fed. D 1063 (Fla. Ct. App. 1999).

Opinion

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.

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Cite This Page — Counsel Stack

Bluebook (online)
732 So. 2d 427, 1999 Fla. App. LEXIS 5518, 24 Fla. L. Weekly Fed. D 1063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-state-fladistctapp-1999.