Darby v. State

District Court of Appeal of Florida

Darby v. State

689 So. 2d 427, 1997 Fla. App. LEXIS 2346, 1997 WL 115276

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1997

DocketNo. 96-803

StatusPublished

This text of 689 So. 2d 427 (Darby 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

Darby v. State, 689 So. 2d 427, 1997 Fla. App. LEXIS 2346, 1997 WL 115276 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

We find no merit to the challenges raised by Darby to his conviction and sentence for section 794.011(4)(b), Florida Statutes (1995) and affirm the same. We do, however, remand this cause solely for the trial court to delete any reference to a violation of section 794.011(4)(a) where it is clear from the state’s evidence at trial that the victim was not “physically helpless to resist” where she was able to communicate her unwillingness to participate in the sexual acts to appellant. See Bullington v. State, 616 So.2d 1036, 1038 (Fla. 3d DCA 1993); Coley v. State, 616 So.2d 1017, 1020 (Fla. 3d DCA 1993); State [428]*428v. Sedia, 614 So.2d 533, 534 (Fla. 4th DCA 1993).

Affirmed but remanded with instructions.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We find no merit to the challenges raised by Darby to his conviction and sentence for section 794.011(4)(b), Florida Statutes (1995) and affirm the same. We do, however, remand this cause solely for the trial court to delete any reference to a violation of section 794.011(4)(a) where it is clear from the state’s evidence at trial that the victim was not “physically helpless to resist” where she was able to communicate her unwillingness to participate in the sexual acts to appellant. See Bullington v. State, 616 So.2d 1036, 1038 (Fla. 3d DCA 1993); Coley v. State, 616 So.2d 1017, 1020 (Fla. 3d DCA 1993); State [428]*428v. Sedia, 614 So.2d 533, 534 (Fla. 4th DCA 1993).

Affirmed but remanded with instructions.

Cite This Page — Counsel Stack

Bluebook (online)

689 So. 2d 427, 1997 Fla. App. LEXIS 2346, 1997 WL 115276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darby-v-state-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack