Blackburn v. State

District Court of Appeal of Florida

Blackburn v. State

762 So. 2d 989, 2000 Fla. App. LEXIS 7806, 2000 WL 799369

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 2000

DocketNo. 5D99-1512

StatusPublished

Cited by2 cases

This text of 762 So. 2d 989 (Blackburn 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.

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Blackburn v. State, 762 So. 2d 989, 2000 Fla. App. LEXIS 7806, 2000 WL 799369 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Robert Charles Blackburn appeals his conviction and sentence for one count of lewd and lascivious assault upon a child under 16 years of age. § 800.04(1), Fla. Stat. (1997). We affirm the conviction.

Blackburn stalked the victim in a department store before approaching him from the rear, grabbing him by the shoulders, and rubbing his erect penis on the victim’s clothed back. The record does not indicate whether Blackburn was also fully clothed at the time of the event, but the location of the event would imply that he was. Blackburn contends that he should not have been assessed victim injury points for sexual contact and relies’ upon our decisions in Reyes v. State, 709 So.2d 181 (Fla. 5th DCA 1998) and Spioch v. State, 742 So.2d 817 (Fla. 5th DCA 1999). This court receded from these cases in Kitts v. State, — So.2d -, 2000 WL 553926, (Fla. 5th DCA May 5, 2000). Kitts requires our affirmance.

AFFIRM CONVICTION.

W. SHARP, PETERSON and GRIFFIN, JJ., concur.

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PER CURIAM.

Robert Charles Blackburn appeals his conviction and sentence for one count of lewd and lascivious assault upon a child under 16 years of age. § 800.04(1), Fla. Stat. (1997). We affirm the conviction.

Blackburn stalked the victim in a department store before approaching him from the rear, grabbing him by the shoulders, and rubbing his erect penis on the victim’s clothed back. The record does not indicate whether Blackburn was also fully clothed at the time of the event, but the location of the event would imply that he was. Blackburn contends that he should not have been assessed victim injury points for sexual contact and relies’ upon our decisions in Reyes v. State, 709 So.2d 181 (Fla. 5th DCA 1998) and Spioch v. State, 742 So.2d 817 (Fla. 5th DCA 1999). This court receded from these cases in Kitts v. State, — So.2d -, 2000 WL 553926, (Fla. 5th DCA May 5, 2000). Kitts requires our affirmance.

AFFIRM CONVICTION.

W. SHARP, PETERSON and GRIFFIN, JJ., concur.

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762 So. 2d 989, 2000 Fla. App. LEXIS 7806, 2000 WL 799369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackburn-v-state-fladistctapp-2000.

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