Donald Vernon Kelley v. State of Florida

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D15-1950 _____________________________

DONALD VERNON KELLEY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Okaloosa County. Michael Flowers, Judge.

November 6, 2018

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

We previously reversed Appellant’s sentences and convictions as to three of his twelve convictions: lewd and lascivious battery and two lewd and lascivious conduct counts. Kelley v. State, 204 So. 3d 37, 37-38 (Fla. 1st DCA 2016). The Florida Supreme Court quashed our decision and remanded for reconsideration in light of its decision in State v. Knighton, 235 So. 3d 312 (Fla. 2018).

In light of Knighton, the trial court correctly rejected Appellant’s request for a jury instruction on unnatural and lascivious act. See Knighton, 235 So. 3d at 316-17 (explaining that unnatural must mean something other than an act that would be criminalized under lewd and lascivious statutes).

Accordingly, we AFFIRM Appellant’s judgments and sentences on all counts, in all respects.

BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Courtenay H. Miller, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Assistant Attorney General, and Michael Schaub, Assistant Attorney General, Tallahassee, for Appellee.