Hepburn v. State

District Court of Appeal of Florida

Hepburn v. State

520 So. 2d 322, 13 Fla. L. Weekly 557, 1988 Fla. App. LEXIS 744, 1988 WL 15455

CourtDistrict Court of Appeal of Florida

DecidedMarch 1, 1988

DocketNo. 85-584

StatusPublished

Cited by1 cases

This text of 520 So. 2d 322 (Hepburn 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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Hepburn v. State, 520 So. 2d 322, 13 Fla. L. Weekly 557, 1988 Fla. App. LEXIS 744, 1988 WL 15455 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The defendant was convicted of committing a lewd and lascivious act upon a child in violation of section 800.04, Florida Statutes (Supp.1984). Under the statute, it is a second-degree felony for a person to handle or fondle children younger than sixteen years of age in a lewd, lascivious, or indecent manner. We reject the defendant’s argument that the evidence presented at trial was legally insufficient to sustain his conviction. His argument is nothing more than a veiled challenge to the weight and credit given by the jury to the testimony of the 12-year-old victim and her 8-year-old playmate. Tibbs v. State, 397 So.2d 1120, 1125 (Fla.1981), affirmed, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).

Accordingly, we affirm the defendant’s conviction.

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PER CURIAM.

The defendant was convicted of committing a lewd and lascivious act upon a child in violation of section 800.04, Florida Statutes (Supp.1984). Under the statute, it is a second-degree felony for a person to handle or fondle children younger than sixteen years of age in a lewd, lascivious, or indecent manner. We reject the defendant’s argument that the evidence presented at trial was legally insufficient to sustain his conviction. His argument is nothing more than a veiled challenge to the weight and credit given by the jury to the testimony of the 12-year-old victim and her 8-year-old playmate. Tibbs v. State, 397 So.2d 1120, 1125 (Fla.1981), affirmed, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).

Accordingly, we affirm the defendant’s conviction.

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Bluebook (online)

520 So. 2d 322, 13 Fla. L. Weekly 557, 1988 Fla. App. LEXIS 744, 1988 WL 15455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hepburn-v-state-fladistctapp-1988.

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