Mello v. State

District Court of Appeal of Florida

Mello v. State

633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1994

DocketNo. 93-809

StatusPublished

This text of 633 So. 2d 119 (Mello 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

Mello v. State, 633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

We affirm Mello’s convictions and sentences for two counts of lewd and lascivious acts upon a child,¹ and four counts of committing unnatural and lascivious acts.² With regard to Mello’s convictions under section 800.04, we certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So.2d 418 (Fla. 5th DCA), rev. granted, 629 So.2d 133 (Fla.1993), namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.04 which provides that consent is not a defense to a prosecution for sexual activity with a minor under the age of sixteen.

AFFIRMED.

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

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PER CURIAM.

We affirm Mello’s convictions and sentences for two counts of lewd and lascivious acts upon a child,¹ and four counts of committing unnatural and lascivious acts.² With regard to Mello’s convictions under section 800.04, we certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So.2d 418 (Fla. 5th DCA), rev. granted, 629 So.2d 133 (Fla.1993), namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.04 which provides that consent is not a defense to a prosecution for sexual activity with a minor under the age of sixteen.

AFFIRMED.

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

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Bluebook (online)

633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mello-v-state-fladistctapp-1994.

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